Extraordinary termination: Everything you need to know

A sudden dismissal often hits you like a blow - especially if it is extraordinary or even without notice. Maybe you've been hit yourself or you know someone who is facing this problem right now. Either way, it's important to act quickly and know your rights. In this article, we explain in simple and understandable terms what extraordinary termination means, what conditions must be met, what the consequences are - and how you can defend yourself if you think the termination is unjustified.

What does extraordinary termination or termination without notice mean?

The terms "extraordinary termination" and "termination without notice" are often used interchangeably, but they do not always mean the same thing. Both belong to the extraordinary forms of termination, but there is an important difference:

• Termination without notice ends the employment relationship immediately - without a notice period.
• An extraordinary termination can also be without notice, but it does not have to be. In certain cases, such as in the case of collective agreements or long periods of employment, it may be linked to a notice period.

• In short: Every termination without notice is extraordinary, but not every extraordinary termination is automatically without notice!
  
  

In such cases, the employer must observe a notional notice period, i.e. the notice period that would apply if you could not be dismissed. This is called an extraordinary termination with a notice period.

The legal basis can be found in § 626 BGB (German Civil Code). If you are unsure, a specialist lawyer for employment law can help you - especially if you want to take legal action.

Prerequisites for extraordinary termination

Extraordinary dismissal cannot simply be given on a whim - there must be really serious reasons. These include, for example, gross breaches of duty such as theft, violence or violent insults, but also a massive breach of trust or repeated unexcused absences. Sometimes an operational emergency can also justify extraordinary dismissal - but only if no other solution is really possible. In short: nothing works here without a valid reason! Important: The terminating party (employer or employee) must give notice of termination within two weeks of the incident - otherwise it is invalid.

If you're not sure whether your behavior is really grounds for dismissal or whether your boss has overreacted, make sure you seek legal advice. It may be worth taking legal action - and you don't have to go through it alone.

How to take action against extraordinary termination / termination without notice

If you think the dismissal was unfair, you can defend yourself. This is the best way to proceed:

1. Stay calm and read the termination notice carefully.
2. Register immediately with the employment agency to register as unemployed.
3. Contact a lawyer for employment law - find out whether a dismissal protection claim is worthwhile. Here you can find information on when a specialist lawyer for employment law makes sense.
4. You only have three weeks to take legal action against the dismissal - so don't wait too long!
5. If you want to return to work soon, actively look for new jobs.

Do you receive unemployment benefit after being dismissed without notice?

In principle, yes - you can receive unemployment benefit I even after being dismissed without notice or for cause. But: The employment agency can impose a so-called "blocking period" of up to 12 weeks if it thinks that you yourself are to blame for the dismissal - for example due to misconduct or repeated unexcused absences.

You will not receive unemployment benefit during this time. It is therefore important that you contact the employment agency immediately, explain your situation and, if in doubt, seek help from a specialist lawyer for employment law lawyer. If the dismissal was not your fault, you will usually receive unemployment benefit as normal, without a suspension.

You can also find more information in our article on the topic Apply for unemployment benefit.

What are the consequences of termination without notice?

Dismissal without notice is often tough:

• You lose your job immediately, without continued payment of wages.
• You can receive a suspension of unemployment benefit (up to 12 weeks), but only if you were responsible for the dismissal.
• Your CV contains a gap that needs to be explained for future applications.
• If the employer also gives you a bad reference, it will be even harder to find something new.
  
  

You should therefore register with the employment agency immediately and apply for unemployment benefit. This is the only way to secure the benefits you are entitled to - even if it is difficult at the moment.

And don't forget: you still have rights even after a termination. Make sure you're well informed before you give up.

WorkerHero supports you - even after a termination

Being made redundant, especially without notice, can be quite stressful - but don't worry, you don't have to go through it alone! At WorkerHero, we'll help you find a new job in a flash. Whether you've just arrived in Germany or your German isn't perfect yet doesn't matter - what counts with us are your skills and your commitment. New opportunities are waiting for you! Simply register on our website, fill out your profile - and a member of staff will call you to help you find the best job for you. We find jobs for skilled workers in the commercial sector, fairly and easily.

And: In our magazine you will find many simple explanations on topics such as dismissal, employment law or job applications - just like this article. Register now at workerhero.com - we'll help you.