Received a summary dismissal – is it actually lawful?

Has your employer dismissed you summarily and you're not sure whether it's lawful? I'll review the dismissal and your deadlines — quickly and reliably.

The letter is in front of you, and your employment is supposed to end from one day to the next — no notice period, no transition. That’s a shock, but it is by no means automatically lawful. A summary dismissal (fristlose Kündigung) is the sharpest weapon in employment law and is subject to high hurdles. In a great many cases, it already fails because of procedural errors on the employer’s part or a lack of proportionality. Right now, one thing matters above all: time. You have only three weeks to challenge the dismissal — after that, it will generally be treated as effective regardless of whether it was actually lawful.

How I can help you

• Immediate review of your dismissal for formal errors and prospects of success
• Deadline monitoring: safeguarding the three-week time limit for bringing a claim before the labour court
• Assessing whether a “good cause” (wichtiger Grund) exists at all
• Checking whether a prior formal warning would have been required
• An unfair dismissal claim or out-of-court negotiation — depending on your situation
• Sorting out your reference, outstanding leave and employment documents as part of the departure

When is summary dismissal actually permitted?

Under § 626 BGB, a summary dismissal is only valid if there is “good cause”. The law requires facts which mean that, weighing the interests of both sides and all the circumstances of the individual case, the party giving notice simply cannot reasonably be expected to continue the employment relationship until the ordinary notice period expires. That’s a high bar: mere misconduct is not enough — it must be serious enough that no milder response remains an option.

That’s why I always check proportionality first. For many breaches of duty — such as repeated lateness or poor performance — the employer would have had to issue a formal warning before being allowed to dismiss summarily. If such a prior warning is missing where one would have been required, that is often already a decisive point of attack against the dismissal. Only in particularly serious cases — such as a grave breach of trust — can summary dismissal exceptionally be issued without a prior warning.

A strict declaration deadline also applies: under § 626(2) BGB, the employer may only issue a summary dismissal within two weeks of becoming aware of the relevant facts. If the dismissal comes too long after the incident it relies on, that alone can already render it invalid. I check this too, based on the timeline of events.

Your three-week deadline — the most important point right now

Regardless of how flawed the dismissal appears: if you want to challenge it, you must bring an unfair dismissal claim before the competent labour court within three weeks of receiving the dismissal. If you miss this deadline, the dismissal will, as a rule, be treated as effective even if it was actually unlawful. This time limit runs from the date the dismissal letter is received and does not wait for you to seek legal advice first — which is why you should act promptly now, not in a few weeks’ time.

I first check for you whether the deadline is still running, then examine the dismissal and the circumstances behind it, and discuss with you whether a claim makes sense or whether an out-of-court settlement — for example involving a severance payment — is a better option. Often, a workable solution for you can already be reached before a hearing or court date.

You’ll find out more about your rights regarding dismissal, warnings and protection against dismissal on my Employment Law page.

If you’re holding a summary dismissal, don’t wait to see whether the matter resolves itself — the clock is already running. Contact me promptly so that we can clarify together, in an initial consultation, how things will proceed for you and which steps make sense now. This information does not replace individual legal advice.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-07-08.

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