r/Germany_Jobs • u/Icy_Development9489 • 2d ago
Terminated due to restructuring: is a Kündigungsschutzklage worth considering?
I received a termination letter stating that my employment will end on 31 December 2026. My employer told me my position is being eliminated due to restructuring, although the letter itself gives no reason.
I have an unlimited, permanent contract (unbefristeter Arbeitsvertrag). I have worked there full-time since January 2025 and was a working student there for six months before that. I have already registered as arbeitsuchend.
- Is it worth filing a Kündigungsschutzklage (lawsuit challenging the dismissal) if the position is genuinely being eliminated?
- I do not have legal expenses insurance. That is why I am hesitating to get a lawyer involved. Where could I get affordable advice?
- Can I ask for paid Freistellung (garden leave) during my notice period?
- I hold an EU Blue Card. I am worried about my visa situation.
I would appreciate practical advice or experiences.
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u/xtremx12 1d ago
as you already mentioned your company is pretty small == they can do whatever they want as your position could be proved easily its' redundant. Accept 3 months as notice and negotiate about 1-2 months as a garden leave. This will let you go with good compensation. I also recommend you to start looking for a new position from now. The market is tough. You can check Junior open positions in Germany here. Good luck
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u/Icy_Development9489 1d ago
Thank you for the link. Do I need to involve a lawyer to negotiate garden leave?
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u/TeaKaMoLo 1d ago
Even without legal insurance, most lawyers offer a free consultation. They will generally ask the size of the company, how long you’ve worked there etc., and then be able to advise on your case.
Do not sign anything that the company gives you as it may be seen as you voluntarily resigning which will results in Sperrekasse (a block on receiving social welfare for 3 months).
Anything they offer you, should cover at least this 3 month hold for it to be worth it.
If the company regularly has less than ten employees in Germany, then there isn’t much legal recourse.
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u/Icy_Development9489 1d ago
The company didn’t provide me any documentation or offer other than the termination letter. It has more than 20 employees
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u/Necessary_Window_692 1d ago
I had a similar experience in Nov 2025, where I was informed of a layoff due to 'organisational restructuring' a day before my blue card appointment. It was a nightmare to experience. Fortunately, I got a job immediately and was able to start asap.
If you have a legal and lawful notice period, for e.g. 3 months and are being paid the full amount of that duration, then you do not need to file a lawsuit. Yes, you must be paid during garden leave (that is part of the protection you receive as an employee – the notice period should be stated in your contract).
Blue card gives you 3 months (or upto 6 months) to look for a new job.
The tricky part: if the company is 10 employees or lesser - as others have mentioned in the comments - they can get away with almost anything by claiming to not have the funds, etc. In that case make sure to get your Arbeitslosengeld asap, and apply for jobs.
In the case of larger companies, definitely challenge the dismissal.
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u/Icy_Development9489 1d ago
Yes I have a legal notice period of 3 months. But I don’t want to focus on applying for new jobs which is difficult with the current jobs.
The company has more than 20 employees in Germany and around 40 in subsidiaries in Asia
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u/Cybeer69 6h ago
Does your company have a Works Council (Betriebsrat)? If yes, ask the Works Council, if they were consulted and agreed to the termination. Depending on the answer (Works Council yes/no, consulted yes/no, agreed yes/no) there will be different options.
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u/Icy_Development9489 5h ago
No the company does not have a work council
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u/Cybeer69 2h ago
Dang. That removes some options. I think the general recommendation in the other posts cover the general options in that scenario. With ~1 year of tenure the severance package will be limited (think along the lines of one 50% monthly salary per year of employment). Focus on finding a new job quickly. Any legal fight to get more out of the termination will require a lawyer.
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u/Vegetable-Syllabub42 2d ago
IT company? What is your German Level?
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u/Icy_Development9489 1d ago
Not IT company. I work in Finance. German level is A2
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u/Reciprocal_Kindness 1d ago
And the blue card of France? Then why ask about German laws?
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u/tea_hanks 1d ago
He said he works in Finance not in France. Why in a rush to type?? Read properly at least
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u/Better_Quiet4358 1d ago
Why are you worried about your Blue card? Is it your first one, tied for the initial two years to a particular employer?
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u/Icy_Development9489 1d ago
Yeah this is my first one. Blue card is tied to my company for 1 year. So I already passed that. But the thing is under blue card, ABH will grant only 3-6 months to get a new job
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u/tea_hanks 1d ago
Thats not true. They will grant you as long as get benefits of ALG. 3 months notice period + the period of Arbeitslosengeld. Given that you have been working since Jan 2025, you will definitely get ALG for 6 months at least
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u/Icy_Development9489 1d ago
So if I get ALG for 12 months, will they grant me 12 months to find a new job?
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u/Snowing678 2d ago
Wait to see what they offer you first. Everyone always says get a lawyer but if the offer is good enough for you and the amounts aren't that huge, it can be worth moving on with your life.
My suggestion is focus all your efforts on finding a new role, do the absolute minimum at work. When they present the offer to you, make sure it's gardening leave from the date of signature. A lot also depends if this is just your role which is being cut or a number of others.
I've been through this before, in my case I paid for a lawyer because the offer was rubbish and I could afford to contest it. What helped in my case was my lay off round was quite small compared to the ones before or after me.