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Emergency

Suspicion-based termination: when you are terminated without proof

With a suspicion-based termination, the employer accuses you of a breach of duty merely on the basis of a suspicion, without proving it. The requirements for this are strict: there must be an urgent suspicion founded on facts, and you must have been heard beforehand.

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Your chances of getting your money back

A suspicion-based termination is only effective if there is an urgent suspicion of an act AND the employer has heard you beforehand. If the hearing is missing, the termination is generally invalid.
Against every termination you must file an action for protection against dismissal within three weeks of receipt (§ 4 KSchG), otherwise it is deemed effective, regardless of how weak the suspicion is.

What you should do now

  1. 1

    1. Note the deadline immediately

    From receipt of the termination, the 3-week deadline for the action for protection against dismissal runs. Do not miss it.

  2. 2

    2. Check the hearing

    Were you heard specifically on the accusations before the termination and able to comment? If this is missing, the termination is usually challengeable.

  3. 3

    3. Refute the suspicion

    Collect everything that disproves the suspicion: witnesses, documents, alibis, inconsistencies in the accusations.

  4. 4

    4. File the lawsuit

    File the action for protection against dismissal on time. Because of the short deadline and the legal subtleties, legal help is important.

How to spot the scam

  • You were not questioned at all on the accusations before the termination.
  • The accusations are based on rumors or assumptions.
  • Pressure is applied to sign a termination agreement.

Frequently asked questions

May I be terminated without proof?

A suspicion-based termination is possible, but only in the case of an urgent suspicion founded on facts and after a prior hearing. Mere assumptions are not enough. Without a proper hearing it is usually invalid.

What is the point of the hearing?

It is a condition of validity: the employer must name the accusations to you specifically and give you the opportunity to comment. If they have failed to do so, the suspicion-based termination is generally invalid.

How quickly must I act?

Very quickly: the action for protection against dismissal must reach the labor court within three weeks of receipt of the termination (§ 4 KSchG). After that, the termination is deemed effective.

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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.