Immediate dismissal is the most severe measure an employer can take. It means that your employment contract ends immediately, without notice period and usually without severance pay. The consequences are huge: often you also have no right to unemployment benefits. Therefore, strict rules apply: an employer cannot apply this lightly.

In this article, we’ll discuss what immediate dismissal means, which reasons are valid, what the consequences are and how you can defend yourself.

What is immediate dismissal?

In immediate dismissal, the employment contract ends immediately. There is no notice period, no procedure with UWV or court and often no right to compensation.

👉 The law sets three conditions for a valid immediate dismissal:

1. There must be an urgent reason.

2. The dismissal must be unmediate (immediate).

3. The reason must immediately be reported to the employee.

What is an urgent reason?

An urgent reason is seriously blameworthy behavior which makes it unreasonable to expect the employer to continue the employment relationship. Examples are:

• Theft or fraud.

• Violence or threat in the workplace.

• Persistent refusal to work.

• Serious breach of company rules or safety regulations.

• Being under the influence of alcohol or drugs during work.

👉 Minor incidents or one-time mistakes are usually insufficient for immediate dismissal.

Consequences of immediate dismissal

• Immediate dismissal without notice period.

• No right to transition compensation.

• Often no right to unemployment benefits, because the dismissal is considered “blameworthy”.

• Possibly a claim for damages by the employer (for example in case of theft or fraud).

How can you defend yourself?

• Check the reason: was there really an urgent reason?

• Check the procedure: was the dismissal given immediately and was the reason communicated in writing?

• Go to court: you have 2 months to ask for annulment of the dismissal or compensation.

• Negotiate a severance agreement: sometimes an employer can still agree to a settlement agreement to avoid conflicts.

Case examples

• Example 1: An employee was dismissed on the spot for a few private phone calls. The judge annulled the dismissal: no urgent reason.

• Example 2: An employee stole money from the cash register. The judge ruled that the dismissal on the spot was justified.

• Example 3: An employee often called in sick without reason. As the employer had no evidence, the dismissal was declared null.

Checklist for immediate dismissal

• 📄 Request a written confirmation of the reason.

• ⚖️ Check if there is really an urgent reason.

• ⏳ Pay attention to the 2-month period for objection at the court.

• 💶 Check if you are still entitled to compensation.

• 📞 Immediately hire an employment lawyer.

Common Mistakes

• Thinking that immediate dismissal is always valid.

• Not objecting within 2 months.

• Submitting a request for unemployment benefits without legal check (often gets rejected).

• Not hiring a lawyer while there are often still possibilities.

Frequently Asked Questions (FAQ)

1. Can I contest immediate dismissal?
Yes, within 2 months at the local court.

2. Am I entitled to compensation?
Only in exceptional cases, for example if the dismissal turns out to be invalid.

3. Can I get unemployment benefits after immediate dismissal?
Usually not, unless the dismissal is declared invalid.

4. What is the difference with dismissal for blameworthy behavior?
In case of immediate dismissal, the contract ends immediately, in case of blameworthy behavior it goes through the court.

5. What can a lawyer do for me?
Your lawyer can contest the dismissal, negotiate about an arrangement or claim damages.

Why Arslan Lawyers?

• Specialized in immediate dismissal and employment law

• Quick action within the legal deadlines

• Experienced in court procedures

• Often successfully negotiate alternative solutions

Conclusion

Immediate dismissal is the most severe sanction and has severe consequences. Yet, the dismissal is not always valid: employers often make mistakes in evidence or procedure. As an employee, you can defend against this and sometimes still get compensation or restoration of employment.