A dismissal without authority can be invalid if the employer fails to prove proper authorization. The Dortmund Labor Court has ruled in a recent judgment that two terminations of a security employee were invalid – one because it was delivered on a Sunday, the other because the signatory lacked a demonstrated power of attorney. The case shows how important it is to examine termination letters carefully and, if in doubt, take legal action.
Termination on a Sunday: Why Delivery Can Be Problematic
In the case at hand, the employer placed the second termination letter in the claimant’s mailbox on March 15, 2026 – a Sunday. The claimant only became aware of it the following day. The Dortmund Labor Court held that this termination did not end the employment relationship. Why? Because a termination must be received by the employee to take effect. The decisive factor is when the employee can reasonably be expected to take notice of the letter. On a Sunday, it is generally not expected that someone will check their mailbox. Therefore, the termination is deemed received only on the next working day.
This nuance can be decisive when deadlines are at stake. In the specific case, the waiting period under Section 1 of the Protection Against Dismissal Act had already expired. The termination therefore had to be socially justified. Since no grounds for dismissal existed, it was invalid. For employees, this means: if you receive a termination, always check the date of receipt. If the letter was placed in the mailbox on a Sunday or public holiday, it is deemed received on the next working day. This can significantly affect your rights – for example, when it comes to observing the three-week deadline for filing an unfair dismissal claim.
Dismissal Without Authority: When You Can Reject the Termination
The first termination, dated March 9, 2026, was signed by an employee of the employer with the addition “Management Finance & Development.” No power of attorney was presented. The claimant rejected the termination on this basis. The Dortmund Labor Court also declared this termination invalid. A dismissal without authority is not automatically invalid – it becomes invalid only if the employee rejects it without delay. This is governed by Section 174 of the German Civil Code (BGB). The employee is allowed to seek legal advice first, as the claimant did through their trade union.
In practice, you should not wait too long. Obtain legal advice quickly – for example from a trade union or a specialist lawyer for employment law – and then reject the termination in writing. Ideally by registered mail or by email, as the claimant did. The rejection must be declared to the employer and clearly state that the termination is rejected due to lack of authority. Anyone who simply accepts the termination risks it becoming effective.
Rejection Without Delay: What Does That Mean in Practice?
“Without delay” means “without culpable hesitation.” This allows a certain margin. In the judgment, the claimant received the termination on March 11, sought advice from the trade union on March 12 and 13, and declared the rejection on March 14. The court considered this to be without delay. The important thing is that you do not hesitate unnecessarily. If you only react after weeks, the court may consider the rejection late.
Note also: the employee does not have to prove the missing power of attorney themselves. It is sufficient that the signatory did not present a power of attorney document. The employer can only rescue the termination by proving the authority – for example through a written authorization or a corresponding entry in the commercial register. In the case at hand, the claimant even obtained a commercial register extract to verify the representation authority. This is a sensible step to protect yourself.
Two Terminations, One Judgment: What the Dortmund Labor Court Decided
The Dortmund Labor Court determined that the employment relationship was not ended by either of the two terminations. In addition, it ordered the employer to transmit the employment certificate electronically to the Federal Employment Agency. The costs of the legal dispute were allocated 23% to the claimant and 77% to the defendant. The value in dispute amounted to 12,308.73 euros. The judgment shows that employers can make many mistakes when terminating. Missing authority, incorrect delivery – all of this can lead to invalidity. For employees, this is an opportunity to defend themselves against unjustified terminations.
Also interesting: the claimant had filed a so-called “catch-all motion” but withdrew it during the oral hearing. A catch-all motion serves to include future terminations in the proceedings. Whoever files it protects themselves in case the employer terminates again after the lawsuit is filed. In the case at hand, this was no longer necessary because both terminations were already invalid.
Your Rights as an Employee: First Steps After a Termination
If you receive a termination, you should first keep an eye on the deadline for the unfair dismissal claim: it is three weeks from receipt of the termination. Examine the termination letter carefully: Is it signed by an authorized person? Is a power of attorney provided? Was the termination properly delivered? A checklist for the first few days can be found in our article Received a dismissal: Checklist for the first days.
Avoid typical mistakes that can weaken your position. Read also Avoid dismissal mistakes: Secure your severance and come out better financially. If you are unsure whether your termination is valid, consult a specialist lawyer for employment law. A dismissal without authority is a frequent ground for litigation – but incorrect delivery can also render a termination invalid.
Unfair Dismissal Claim: Deadlines and Procedures at a Glance
The unfair dismissal claim must be filed with the labor court within three weeks of receipt of the termination. In the case at hand, the claim was filed on March 30, 2026 – the termination was received on March 11, so the deadline was met. Even in the case of a dismissal without authority, you must strictly observe the three-week deadline. If you miss the deadline, the termination is generally treated as valid, even if it would have been contestable.
The claim is directed against the termination and aims to establish that the employment relationship continues. If successful, the employee can be reinstated and may receive back pay for the period of default. A comprehensive overview is provided in our guide to the unfair dismissal claim. There you will also find information on costs, procedure, and possible pitfalls.
Conclusion: How to Protect Yourself Against Invalid Terminations
The judgment of the Dortmund Labor Court shows: terminations can be invalid for formal reasons. Missing authority and delivery on a Sunday were decisive here. As an employee, you should examine every termination carefully and react quickly if in doubt. The prompt rejection of a dismissal without authority can secure your rights. And the unfair dismissal claim within the three-week deadline is your most important tool.
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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.