When immediate dismissal is allowed
Under § 626 BGB an extraordinary dismissal requires good cause — so serious that the employer cannot even be expected to observe the notice period. Typical examples: theft, working-time fraud, violence.
In addition: the employer must declare the dismissal within 2 weeks of learning the decisive facts (§ 626(2) BGB). A late immediate dismissal is invalid as such.
Why fighting back pays off
- the court asks whether milder measures would have sufficed — a warning letter or ordinary dismissal,
- with immediate dismissal your salary stops at once and a benefit blocking period looms — winning or settling well reverses both,
- many cases end with conversion into an ordinary dismissal plus severance and an agreed reference.
The deadline stays: 3 weeks
A claim against an immediate dismissal must also be filed within 3 weeks of receipt. Because the salary consequences are immediate: secure documents, note witnesses and get legal advice at once.
3 weeks
Calculate your claim deadline
On our employment law page you will find the deadline calculator for dismissal protection claims.
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