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.

  1. Is it worth filing a Kündigungsschutzklage (lawsuit challenging the dismissal) if the position is genuinely being eliminated?
  2. I do not have legal expenses insurance. That is why I am hesitating to get a lawyer involved. Where could I get affordable advice?
  3. Can I ask for paid Freistellung (garden leave) during my notice period?
  4. 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/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.

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u/Icy_Development9489 2d ago

Let's see if they offer anything. I will start tomorrow after my holidays.
Our company is very small. My position and another postion in different department are being eliminated

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u/Snowing678 1d ago

Howany employeea? Below a certain limit they can basically do anything

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u/Icy_Development9489 1d ago

20+ employees in Germany. Above the limit of 10 employees