If you have received a termination notice, the uncertainty can be overwhelming. Yet the first few days after receipt are critical: this is when the course is set for your legal options. This termination checklist helps you keep track and proceed in a structured way.
Step 1: Review the Termination Notice Carefully
Take your time with the termination letter. Read exactly what type of termination it is: ordinary termination, extraordinary (summary) termination, or a change-of-terms termination? Check whether the termination was issued in writing and bears the signature of an authorized person. Pay attention to the stated notice period and whether reasons are given. Make a note of the exact date of receipt — all further deadlines depend on it. Any severance offer from the employer will also be found in this letter.
Termination Checklist: Note the Deadlines
The most important deadline after a termination is the three-week period for filing a dismissal protection lawsuit. You must submit the claim to the labor court within three weeks of receiving the termination notice. This deadline is governed by Section 4 of the Protection Against Dismissal Act (KSchG). If you miss it, the termination becomes effective — even if it would have been socially unjustified. Record the date of receipt immediately, for example from the postmark or a delivery receipt. Deadlines for registering as unemployed also apply, which we cover in Step 3.
Step 3: Register as Unemployed
Register with the Federal Employment Agency as early as possible — ideally the day after you receive the termination notice. By law, you must register as a jobseeker no later than three months before the employment relationship ends. Failure to do so can result in a blocking period for unemployment benefits. Registration can be done online or in person. Be sure to keep proof of registration, such as the confirmation email or a printout.
Step 4: Consider a Dismissal Protection Lawsuit
After receiving a termination notice, you must decide whether to file a dismissal protection lawsuit. This makes sense if the termination appears socially unjustified — for instance, if no operational reasons exist or the social selection criteria were applied incorrectly. Formal errors, such as failure to consult the works council, can also make the termination vulnerable. Without a lawsuit, the termination takes effect once the deadline expires. A comprehensive overview of requirements, deadlines, and procedure is available in our guide Dismissal Protection Lawsuit: Everything You Need to Know. It also explains when special protection against dismissal applies.
Step 5: Engage an Independent Employment Law Specialist
Do not hesitate to contact an independent specialist attorney for employment law early on. They will assess your chances of success, calculate potential claims, and advise whether to litigate or pursue a settlement. You do not have to bear the costs yourself if the case has good prospects: RechtStark, as a litigation funder, can cover court and attorney fees. This keeps you financially protected even if you do not wish to shoulder the financial risk of litigation.
Step 6: Review Severance Offers and Termination Agreements
If your employer offers a severance payment, take your time. A first offer is often only a starting point for negotiations. A termination agreement, by contrast, ends the employment relationship immediately — with far-reaching consequences, such as for unemployment benefit entitlement. Do not sign anything hastily. Inform yourself about your rights. Our article Do Not Sign a Termination Agreement explains why patient negotiations can lead to significantly better outcomes. Note: A severance payment is not automatically owed — it is a matter of negotiation. A statutory provision such as Section 1a KSchG applies only if the employer explicitly offers it in the termination letter.
Step 7: Secure Your Employment Reference and Documents
Request a qualified employment reference with a favorable evaluation, regardless of how things develop. You will also need the employment certificate for the Federal Employment Agency. Check whether unused vacation or overtime must be paid out. Write a clear demand to the employer to fulfill these claims and set a deadline. Also secure all relevant documents — employment contract, payslips, and correspondence — as they form the basis for all further steps.
What You Should Avoid
In the first days after a termination, there are several mistakes you must absolutely avoid:
- Do not sign anything hastily: Neither a termination agreement nor a severance offer without having it reviewed by an attorney.
- Do not let deadlines expire: The three-week deadline for the dismissal protection lawsuit is the most critical hurdle — after that, a lawsuit is only possible in exceptional cases.
- Do not become unprofessional: Maintain professionalism, even if you are upset. Avoid insulting remarks or threats.
- Do not go it alone: Get help from professionals — an attorney knows the legal options and pitfalls better than any guide.
Conclusion
A termination is a shock, but not a dead end. With this termination checklist you have the key steps in view: review, note deadlines, register as unemployed, decide on a lawsuit, engage an attorney, negotiate severance, and secure documents. Use the three-week period actively and seek support early — this improves your chances of a good outcome. If you want to explore your options regarding a severance payment, our overview Severance After Termination can help. Even if you have received a termination notice, there is no reason to despair — with the right strategy, several paths remain open.
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.