Termination by WhatsApp or email? Invalid!
A quick termination by WhatsApp, email or orally: that does not work in employment law. For the termination of an employment relationship, the written form is mandatory. Anyone who does not observe this, their termination is invalid.
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What you should do now
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1. Check the form
Is the termination present as a signed original, or only as an email/WhatsApp?
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2. Use the invalidity
A formally invalid termination is void; the employment relationship continues.
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3. Terminate properly yourself
If you want to terminate, do so in writing with an original signature and verifiable receipt.
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4. Mind the deadlines
If you receive a (even flawed) termination, as a precaution mind the 3-week deadline to file a claim.
Frequently asked questions
Is a termination by WhatsApp or email valid?
No. The termination of an employment relationship must be in writing, that is, as a document with a handwritten original signature (§ 623 BGB). A termination by email, fax, SMS or WhatsApp does not observe this form and is therefore invalid. This applies to termination by the employer just as by the employee.
What happens if the termination is formally invalid?
A formally invalid termination is void and does not end the employment relationship; it continues for the time being. If you receive a flawed termination, you should nevertheless, as a precaution, keep the 3-week deadline for an unfair-dismissal claim in view and, when in doubt, get advice, so as not to lose any rights.
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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.