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Emergency

Wages despite an invalid termination: use default of acceptance

If you successfully defend yourself against a termination, you have often not worked for months, yet you can still be entitled to full wages for this time. This is because the employer is in default of acceptance: they did not accept your labor even though you were willing to work.

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Your chances of getting your money back

If the termination is invalid, the employer owes the wages for the time in which they did not accept your work (default of acceptance, § 615 BGB), without you having to make up the work.
To be credited is what you earned elsewhere or maliciously failed to earn. So register as job-seeking and take reasonable offers seriously to avoid deductions.

What you should do now

  1. 1

    1. Challenge the termination

    Default-of-acceptance wages require that the termination is invalid, so file the action for protection against dismissal on time (3 weeks).

  2. 2

    2. Show willingness to work

    You must in principle be willing to work. An express offer of work is often not necessary after an invalid termination, but document your willingness.

  3. 3

    3. Register as job-seeking

    Register with the employment agency and check reasonable positions; otherwise crediting for 'malicious omission' threatens.

  4. 4

    4. Demand the wages

    After a successful trial, assert the wages for the default period, less amounts to be credited (e.g. unemployment benefit passes to the agency).

How to spot the scam

  • You reject reasonable interim jobs without reason; that can be credited.
  • You miss the 3-week deadline and thereby lose the basis.
  • You do not register as job-seeking.

Frequently asked questions

Do I get wages even though I did not work?

If the termination was invalid and the employer did not accept your work, yes: they owe the wages for the default period (§ 615 BGB). You do not have to make up the work.

What is credited?

Other earnings in that time, benefits such as unemployment benefit (which passes to the provider) as well as what you maliciously failed to earn. That is why you should register as job-seeking.

How do I secure this claim?

File the action for protection against dismissal on time, document your willingness to work and register as job-seeking. Because of the subtleties, legal accompaniment is sensible.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.