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File a wrongful termination lawsuit

A lawsuit challenging an employer’s termination must be filed with the labor court within 3 weeks of receiving the notice of termination.

Processing: approx. 3 months
Success rate: 62.0 %

How to proceed

  1. 1

    Check the statute of limitations

    Determine the date of receipt of the notice of termination; the 3-week period begins the following day.

  2. 2

    File a lawsuit

    In writing to the labor court or orally for the record at the court clerk’s office; legal counsel is recommended.

  3. 3

    Wait for the settlement hearing

    The court will schedule a settlement hearing within two weeks.

Required documents

  • Notice of TerminationMandatory
  • Employment ContractMandatory

Responsible authority

The authority of your main place of residence is responsible.Find authority →

Fees

Varies by case

Processing time

approx. 3 months

Official: max. approx. 2 weeks

Online application

In person or by post

Common mistakes

  • • The 3-week filing deadline has been missed
  • • Wrong labor court selected

Common reasons for rejection

  • • Lawsuit filed after the 3-week deadline had passed

The essentials before applying

Who is eligible?

Employees who have received notice of termination for cause or without cause and wish to continue their employment or seek a severance payment.

Income limit

The limit varies by household and region – see the table at the responsible authority or in the application assistant.

Processing time

Nationwide: approx. approx. 3 months

Success rate

approx. 62.0 % (estimate)

Most common mistakes

  • •The 3-week filing deadline has been missed
  • •Wrong labor court selected

Common reasons for rejection

  • •Lawsuit filed after the 3-week deadline had passed

Alternatives

  • Check related services in the application assistant
  • Use social counselling before applying

If rejected

Read the decision carefully: often submitting missing documents or reapplying helps more than an objection.

Related services

Settlement Agreement

Out-of-court settlement regarding severance pay without filing a lawsuit

Questions & Answers

Do I need a lawyer?▼

Not required at first, but strongly recommended.

How much will the lawsuit cost?▼

Court fees are based on the gross monthly salary (amount in dispute).

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