Anyone receiving a dismissal has three weeks to file an unfair dismissal claim. The clock starts when the letter arrives -- not with the date on it, and not with the end of the notice period.
Why the deadline is this strict
Under section 4 of the German Dismissal Protection Act, a dismissal is deemed valid from the outset if it is not challenged in time. Even a plainly unlawful dismissal becomes effective. Late admission is the exception and requires that the deadline was missed despite all reasonable care.
What counts in the first days
- Note the date of delivery and keep the envelope.
- Sign nothing headed as a termination agreement or settlement agreement.
- Put the employment contract, the dismissal letter and recent payslips together.
- Report the dismissal to the employment agency, at the latest on the third day after delivery.
That last point has nothing to do with the claim, but missing it costs unemployment benefit. Both run in parallel.
Whether a claim is worthwhile can usually be judged in a first conversation. We check the letter, the deadlines and the prospects, and say plainly when there is little to gain.