Salary after termination is not automatic. Yet the Cologne Labor Court awarded a medical assistant exactly this claim – and additionally granted her a qualified reference. The ruling from July 16, 2026 (Ref. 10 Ca 8176/25) shows what claims employees can assert even after the employment relationship ends.
The Medical Assistant’s Case: What Happened?
The plaintiff had been employed as a medical assistant (MFA) in a practice since December 1, 2020. Her employment contract provided for a monthly gross salary of 3,300 euros, payable on the 25th of the current month. In addition, the employer granted capital-forming benefits of 40 euros per month. On August 27, 2025, the plaintiff herself gave ordinary notice effective September 30, 2025. After working on September 1 and 2, she was on sick leave from September 3 to September 30, 2025 – due to an adjustment disorder. The employer then had her examined by the Medical Service, which expressly confirmed her incapacity for work.
After the employment relationship ended, the plaintiff demanded payment of her outstanding salary and the issuance of a qualified reference. The employer paid only 187.46 euros net, without providing a statement of account. The plaintiff then sued before the Cologne Labor Court. The court ordered the defendant to pay 3,575.00 euros gross less the 187.46 euros net already paid, and to issue a qualified reference. The remainder of the claim was dismissed – the plaintiff bore 83% of the court costs, the defendant 17%.
Salary After Termination: What Claims Exist?
Salary after termination covers all remuneration components that were due up to the end of the employment relationship. These include base salary, any supplements, overtime pay, and special payments, provided they are contractually or collectively agreed. In the present case, the plaintiff was entitled to her full salary for September 2025, as she was employed until September 30 – even though she was on sick leave during the second half of the month. During incapacity for work, there is a claim to continued remuneration under Section 3 of the Continued Remuneration Act (EntgFG), provided the illness was not self-inflicted.
The employer had apparently made only partial payment and issued no statement of account. The court awarded the plaintiff the outstanding amount. Important to know: Even when an employment relationship ends through termination, claims to already earned remuneration remain valid. They do not simply lapse but can be enforced in court – as here. However, you should keep limitation periods in mind: claims for work remuneration generally become time-barred after three years, beginning at the end of the year in which they arose. If you still have outstanding salary after a termination, you should inform yourself early – our checklist for the first days helps you keep track.
The 13th Salary: Is It Part of the Salary?
The plaintiff’s employment contract stipulated that the salary of 3,300 euros is “paid over 12 months.” Additionally, the contract referred to the collective agreement provisions of the “Working Group for the Regulation of Working Conditions of Medical Assistants.” Such collective agreements often provide for a 13th monthly salary or a special payment. Such special payments also play an important role in salary after termination. If a 13th salary is agreed, employees are entitled to a pro-rata payment upon termination during the year – unless the contract or collective agreement provides otherwise.
The Cologne Labor Court ruling does not explicitly state whether a 13th salary was part of the awarded 3,575 euros. It is possible, however, that the plaintiff claimed a pro-rata special payment and the court found this justified. Employees who still expect a special payment after termination should check whether their employment contract or collective agreement contains such a provision. In case of doubt, a specialist lawyer for employment law can assess the prospects of success.
Capital-Forming Benefits: What Happens to Them?
The employer had paid capital-forming benefits (VL) of 40 euros monthly into an account for the plaintiff. These benefits are part of the remuneration and belong to the employee. Upon termination of the employment relationship, the employee is generally entitled to payout of the accumulated amounts or transfer to a new VL account. The employer must be able to prove the amounts paid in.
In the present case, the plaintiff appears to have also demanded information about the VL. The court did not rule expressly on the VL, but the plaintiff had asserted information claims under Article 15 GDPR, among others. Such information claims can also cover capital-forming benefits. Employees should therefore check upon termination whether all VL payments were correctly recorded and whether they receive a statement of account.
The Reference Claim: What Does “Qualified Reference” Mean?
The Cologne Labor Court ordered the employer to issue a qualified reference. This is an important success for the plaintiff. A qualified reference contains, besides details on the type and duration of the activity, an assessment of leadership and performance. It is standard that employees can demand such a reference upon termination – under Section 109 of the Trade Regulation Act (GewO). The employer is obliged to issue it and must formulate it truthfully and benevolently.
A qualified reference is crucial for professional future, as it serves as a reference in applications. Employees should therefore check carefully whether the reference contains all required information and whether the assessments are appropriate. If the reference is too poor or incomplete, you can demand correction or re-issuance – if necessary, in court. In the judgment case, the employer had apparently issued no reference at all, which is why the court ordered him to do so. If you want to challenge a termination, you will find all important information on deadlines and procedure on our page on protection against dismissal claims.
Illness During the Notice Period: What Role Does It Play?
The plaintiff was on sick leave during the notice period – from September 3 to September 30, 2025. The employer had her examined by the Medical Service, apparently to challenge the incapacity for work. The assessment confirmed unequivocally that the plaintiff was unfit for work due to an adjustment disorder and that a resumption of activity at the current workplace was not possible. This confirmation was decisive for the salary claim, because without incapacity for work the employer could have refused continued remuneration.
Employees who fall ill during a notice period should report their incapacity for work immediately and submit a medical certificate. The employer may arrange an examination by the Medical Service, but if the incapacity is confirmed, he must continue to pay the salary. It is important that the sick note comes from an approved doctor and the illness actually exists. A subsequent assessment cannot retroactively eliminate the claim.
Enforcing Your Rights: How to Proceed
If you still have outstanding salary, a reference, or other claims after a termination, you should act. First, assert your claims in writing against the employer and set a deadline for payment. Keep all evidence, such as employment contract, pay statements, termination letter, and sick notes. If the employer does not respond, you can file a claim with the labor court – this is possible within three weeks of receipt of the termination if you want to challenge the termination itself. For pure payment claims, the regular three-year limitation period applies. To avoid typical mistakes that could jeopardize your claims, read our article “Avoiding Termination Mistakes: How to Secure Your Severance and Come Out Financially Ahead”. If you want to negotiate a severance, you will find helpful tips in our article “Negotiating Severance Preparation: How to Succeed in Your Meeting”.
Since labor court proceedings are complex and a claim requires deadlines and formalities, it is advisable to consult a specialist lawyer for employment law. They can assess your prospects of success and file the claim properly. For enforcing salary after termination, careful documentation is crucial. If you fear financial hurdles, a litigation funder like RechtStark can cover the costs – the company reviews whether your case is promising and bears the litigation cost risk in case of success. This allows you to enforce your rights without having to advance costs yourself.
The Cologne Labor Court ruling shows: Even after a termination, employees have enforceable claims. Those who know them and pursue them actively can obtain their rights – and simultaneously secure a qualified reference for their professional future.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.