When you are suddenly dismissed on the spot, your world is turned upside down. You lose your job from one day to the next, you no longer receive a salary, and your entitlement may be denied. Many employees then wonder: Can this just happen? and what are my rights?
In this comprehensive guide, labor law attorneys of Arslan Advocates step by step explain what immediate dismissal means, when it is lawful and how you can challenge it.
What is immediate dismissal?
Immediate dismissal means that your employer terminates your employment contract immediately, without notice and without dismissal procedure. It is only allowed in very exceptional situations, when there is an urgent reason.
Examples of situations that employers often cite as an urgent reason:
- theft or embezzlement in the workplace
- aggression or threat
- fraud
- serious refusal to work
- gross insult of a colleague or supervisor
- being under the influence of alcohol or drugs during work
But: not every accusation is automatically a valid reason for immediate dismissal.
The three legal conditions
1. Urgent reason
It must be a situation that is so serious that the employer cannot be expected to continue the employment contract.
2. Promptness
The employer must act immediately. There must not be too much time between the incident and the dismissal.
3. Obligation to notify
The employer must tell you immediately and clearly why you are being dismissed on the spot.
Consequences of immediate dismissal
- no salary immediately
- no entitlement to unemployment benefit
- no transition payment
- possible compensation to the employer
- negative effects when applying
These consequences only apply if the dismissal is justified.
What can you do about an immediate dismissal?
1. Request annulment
You ask the district court to declare the dismissal invalid.
2. Demand equitable compensation
If you do not want to return, you can ask for compensation for serious culpable behavior by the employer.
3. Negotiate about a settlement agreement
In some cases, it is better to change the dismissal into a termination with compensation and preservation of unemployment benefits.
Note: you only have 2 months
You must go to the District Court within 2 months. Don’t wait too long.
Action plan: What should you do today?
- Contact a labor law attorney immediately
- Request the dismissal reason on paper
- Gather evidence such as emails, WhatsApp, and camera images
- Do not admit guilt without legal advice
- Determine your strategy
When is immediate dismissal unjustified?
In practice, many dismissals turn out to be unlawful due to:
- employer’s late response
- lack of evidence
- incorrect or unclear reason
- insufficient consideration of personal circumstances
Common situations in practice
- unjust accusation of refusal to work
- administrative errors that are not fraud
- dispute at work in which context is missing
- suspicion without solid evidence
- alcohol or medication without serious misconduct
Transition payment and salary with unfair dismissal
If the dismissal is invalid, you are entitled to:
- back pay
- holiday pay and interest
- transition compensation
- equitable compensation
Negotiating: sometimes better than litigating
In some cases, negotiating is wiser than litigation. We often arrange:
- compensation
- neutral end date
- preservation of benefits
- deletion of negative registrations
In conclusion
Immediate dismissal has major effects but is often not lawful. Therefore, always have yourself supported by an experienced labor law attorney.
The attorneys of Arslan Advocates are ready to help you right away.
Do you need advice or assistance? Contact us today.
