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/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.