Termination checklist - what you should do

  1. Be mindful, rash actions may weaken your position.

  2. Register with the Federal Employment Agency and claim unemployment benefits.

  3. Claim severance pay and check your termination.

  4. Request a reference and time off work for your job search.

Table of contents

1. Be mindful, rash actions may weaken your position.

As surprising and frustrating as the termination may be, actions that you might take during the stress of being fired can be rash and weaken your position to find a great new job and negotiate good terms of your departure.

Don't burn bridges. Insults or unfriendly replies to emails or anger towards colleagues may bring relief in the short term, but try to keep your negative emotions to yourself, friends and family.

Continue going to work. If you haven’t been released from work, go to work as usual and complete any steps your employer asks you to take before leaving.

Be careful with termination agreements. If your employer offers you a termination agreement, don’t sign it for the time being. As lucrative as it may sound at first, most often you are off much worse. Not only do you usually settle for relatively low severance amounts, a long blocking period can be imposed for the payment of your unemployment benefit. So take the time to have the termination agreement checked.

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2. Register with the Federal Employment Agency and claim unemployment benefits.

If you don’t meet the deadlines of the employment office, you may not receive unemployment benefits in time or a blocking period of one week may be imposed on you.

The terms "job-seeking" and "unemployed" are often used synonymously, so here is a short explanation in advance. Employees who know that the employment relationship will soon end must register as job seekers. On the other hand, it is only necessary to register as unemployed once the employment relationship has ended and you haven't yet found a job.

Once you have received a notice of termination, you must register as a job seeker with the Federal Employment Agency at least 3 months before the end of the notice period. If the period of notice is shorter, you have only 3 working days. If you don’t register as a job seeker in time, you will be blocked from receiving unemployment benefits for one week.

Options for registering as a job seeker:

  1. in person, at an office of the Federal Employment Agency (Agentur für Arbeit)
  2. by telephone on the toll-free number 0800 4 555500
  3. online on the website of the Agentur für Arbeit

If the employment relationship is terminated and you haven’t yet found a new job, you must register as unemployed at the end of the notice period. If you submit your unemployment registration too late, you won't receive your unemployment benefit from the beginning of your unemployment, but only from the time of registration.

You must register in person. In contrast to the jobseeker's registration, you must register as unemployed in person at the Federal Employment Agency (Agentur für Arbeit). Only during the Corona period does the Employment Agency also allow you to register by telephone.

Documents to bring:

  • ID or passport including registration confirmation, residence permit or work permit
  • social security card
  • letter of termination & employment contract
  • curriculum vitae

To receive unemployment benefits, you must fill out an application and register as unemployed. If you register as unemployed in person, you are also applying for unemployment benefits. In case you don’t register in person due to the corona, you can submit the application form online and your identity will be checked online using a so-called "selfie-ident-procedure". You can find all relevant forms online or at an office of the Agentur für Arbeit.

3. Claim severance pay and check your termination.

Although there is generally no legal right to severance pay, some employees are entitled to it. However, even employees without entitlement can claim severance pay. This is why you should check your termination.

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Are you entitled to severance pay?

To find out if you are entitled to severance pay

  • check your employment contract,
  • check your letter of termination (in case of a operations-related dismissal),
  • ask your works council for a severance scheme, and
  • ask your trade union or relevant employers’ association for a collective agreement.

​

Why should you check your termination?

Employers mustn’t dismiss employees arbitrarily in Germany. However, they often use their information and power advantage to terminate employees unlawfully and avoid severance payments. If you contest your termination, you can usually either claim re-employment or your employer will let himself in on paying severance pay to avoid costly legal consequences.

Contest your termination in time. If you want to successfully negotiate severance pay or claim re-employment, you should file within 3 weeks after your termination a dismissal protection suit or indicate that you intend to do so. If you fail to challenge the termination in time, your termination is effective in any case. As a consequence your employer will no longer be willing to re-employ you or pay severance pay. This is because employers are usually only willing to negotiate if they have to fear costly legal consequences.

Improve your chances. Knowing your own negotiating position and the right steps to make is crucial for successfully receiving severance pay or claiming re-employment. With a well-founded dismissal protection suit, the right arguments and knowledge of employers’ tactics, you can make your negotiations successful and increase your severance amounts. It is therefore worthwhile to rely on the experience of experts.

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When looking for a job, sooner or later you will need a job reference and have to attend various appointments. You should therefore request a reference and take time off work in good time.

After a termination you are entitled to a reference. To be able to use the reference already for new job applications, it is best to first request a provisional reference. This also serves as a reference for the final version, which mustn't be worse than the provisional reference.

Submit a draft. The best thing to do is to prepare a draft certificate for your employer. This doesn’t only speed up the issuing process, but also increases your chances of receiving a reference in accordance with your wishes.

Request before contesting your termination. In case you may take action against your termination, it’s best to request your provisional reference beforehand. Employers usually give particularly benevolent certificates in the hope that employees will find a new job more easily and therefore don’t contest the termination. In addition, you will also be able to request changes of the reference during the dismissal protection proceeding

When looking for a new job, sooner or later you will have certain appointments. You are allowed to request time off from work, if an appointment is scheduled during working hours

  • for a job interview,
  • at the Federal Employment Agency,
  • at an assessment center,
  • with private job agencies, and
  • for qualification tests and examinations, as far as they are necessary for your application.

Trial periods with a potential new employer don’t entitle you to take time-off.

Employers are usually obliged to approve. If your application was submitted in good time before your absence, your current employer is even obliged to release you from work on request. There is just an exception from this rule if you held a temporary job or if the employment was terminated during the trial period.

There are two things you should keep in mind so that you can remain absent form work without any conflicts with your employer:

  1. Always submit the application in written form to your supervisor .
  2. Have your request approved in writing.

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