A workplace dispute, the employee simply walks out — and shortly afterward a summary dismissal arrives in the mail. Many affected employees wonder whether they can now expect severance after summary dismissal. A recent case suggests the employee may even receive €11,462 — but that is no foregone conclusion.
The Case: Walking Out After a Dispute — Summarily Dismissed
The initial situation sounds deceptively simple: a blue-collar worker clashes with his supervisor, tempers flare, and at some point the employee has had enough. He leaves the workplace without a word and goes home. The employer considers this a serious breach of duty and terminates the employment relationship summarily — i.e., without observing a notice period. For the employee, this feels like a catastrophe: suddenly there is no income.
Yet the legal situation is not that straightforward. Under Section 626 of the German Civil Code (BGB), a summary dismissal is effective only if there is an “important reason” that makes it unreasonable for the employer to continue the employment relationship until the end of the notice period. A one-off, impulsive departure after a heated argument may meet this threshold, but it does not have to.
What matters is how serious the misconduct really was. Someone who cools down after an emotional outburst and then returns behaves differently from someone who stays away for days without excuse. The history also plays a role: Were there previous warnings? How is the employment relationship characterized overall? All of this feeds into the assessment.
When Is a Summary Dismissal for Unauthorized Absence Justified?
In principle, an employee may not leave the workplace without authorization. This is part of the contractual duties. Anyone who does so anyway risks a warning and, in the event of repetition, a conduct-related dismissal. For a summary dismissal, a single incident suffices only if it disrupts the employment relationship so sustainably that continued employment even until the end of the ordinary notice period appears unreasonable.
In practice, courts assess such cases very differently. The decisive factor is whether the employee would have returned in time after the dispute or whether he consciously abandoned the employment relationship. The supervisor’s conduct during the argument is also relevant: if the employee left because he felt threatened or provoked, that can mitigate the misconduct.
Anyone who has received a summary dismissal should therefore not capitulate prematurely. Courts often find that the employer overreacted and that an ordinary dismissal or at least a warning would have been sufficient. More on the requirements for an effective summary dismissal is explained in our article summary dismissal effective.
The Role of the Proportionality Principle: Why €11,462 Is on the Table
Even if an important reason for a summary dismissal might exist, that does not yet decide whether the dismissal is also proportionate. This means the employer must always choose the mildest means suitable to resolve the conflict. A summary dismissal is the sharpest sword — it comes into play only if a warning or an ordinary dismissal would not suffice.
In the case of the worker who went home, the dismissal could turn out to be ineffective precisely on this ground. The employment relationship would then continue, and the employer would have to keep paying wages — or the parties agree to terminate it against a severance payment. Exactly these scenarios frequently lead to a severance after summary dismissal being negotiated before the labor court.
The sum of €11,462 is not a fixed amount but results from negotiation or a judgment dissolving the employment relationship. It is customary to orient the figure toward length of service and gross earnings, with courts often using half a month’s salary per year of employment as a benchmark. Whether this benchmark applies in the specific case, however, depends on many factors.
How to Proceed as an Employee After a Summary Dismissal
Anyone who receives a summary dismissal must act quickly. The first step is to examine whether the dismissal is effective at all. The best approach is to consult a specialist lawyer for employment law. They can assess the prospects of a dismissal protection claim. It is crucial to file the claim with the labor court within three weeks of receiving the dismissal. If you miss this deadline, the dismissal is deemed effective — even if it would have been vulnerable on the merits.
At the same time, you should gather all documents: the employment contract, the dismissal letter, witness statements from colleagues about the dispute, and ideally your own written notes on the sequence of events. The more precisely you can describe the incident, the better your lawyer can argue. The question of whether a warning was already issued in the past is also decisive.
A common misconception is the assumption that you automatically receive a severance payment after a summary dismissal. That is not the case. A severance payment is usually the result of a settlement or a court-ordered dissolution. You should therefore not speculate on a high payout but first challenge the effectiveness of the dismissal. This is exactly where a litigation funder can help by covering the costs of the claim, as RechtStark offers.
Severance after Summary Dismissal: Your Options Before the Labor Court
If the court finds that the summary dismissal is ineffective, the employee is principally entitled to continued employment. In practice, however, neither side wants to continue the employment relationship under these circumstances. A settlement then suggests itself, ending the employment relationship against a severance after summary dismissal.
The amount of this severance is a matter of negotiation. Courts take into account the length of service, the employee’s age, and labor market prospects. The conduct of both parties also plays a role — anyone who has acted in gross breach of duty can expect a lower severance. In the present case, the €11,462 could be a realistic figure if the court assumes an ineffective dismissal and orders dissolution of the employment relationship.
Another route is the dismissal protection claim with an application for dissolution under Section 9 KSchG. Here the employee himself applies for termination of the employment relationship at the court’s “equitable discretion” and demands an appropriate severance payment. This is only possible if continued cooperation cannot reasonably be expected. Anyone choosing this path should seek expert advice, for example from a lawyer.
What Employers Must Consider Before Issuing a Dismissal After a Dispute
Employers, too, should note: a summary dismissal is an exception. They should first establish the exact facts and give the employee an opportunity to comment. The statutory duty to hear the employee before dismissal is mandatory, and its violation can render the dismissal ineffective. The works council and, where applicable, the employee representative must also be involved if a works council exists.
The mere fact that an employee left the workplace after a dispute is often not enough for a summary dismissal. Employers should therefore always examine whether a warning before dismissal is the milder means. Only in the case of serious violations — such as refusal to work over a longer period or repeated misconduct — is a summary dismissal justified. A one-off emotional departure should rather be answered with a warning.
Anyone who nevertheless wishes to issue a summary dismissal must observe the deadline in Section 626 BGB: the employer may declare the dismissal only within two weeks of becoming aware of the relevant facts. If this deadline is missed, the dismissal is ineffective, and the employer must continue the employment relationship — or renegotiate. This also includes weighing all circumstances of the individual case before making such a far-reaching decision.
For both sides, the same applies: a workplace dispute is rarely a one-off event. Anyone who reacts quickly and strategically after a summary dismissal has a good chance of reaching a fair solution — whether through continued employment or an appropriate severance after summary dismissal. The €11,462 in the concrete case is at any rate an indication that even after a fierce conflict, the end without compensation does not automatically loom.
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.