A personal dismissal occurs when an employer
terminates the employment relationship because
the employee no longer fulfills certain personal
requirements. Common reasons include long-term
illness, lack of a work permit, or the loss or lack of
necessary professional skills or qualifications.
However, even if your employer relies on such reasons, this does not automatically mean that the dismissal is lawful. In Germany, employment law imposes strict requirements for a valid personal dismissal. Employers must, among other things, check whether continued employment is possible or whether milder measures – such as a transfer – could be considered. In cases of dismissals due to illness, several legal criteria must be fulfilled: a negative health prognosis, significant operational impairments, and a balancing of interests in favor of the employer. If one of these elements is missing, it may make sense to challenge the dismissal.
In addition, as an employee you only have three weeks to file an unfair dismissal claim with the labor court. This is where the quick assessment from iust.ai gives you a clear advantage: You gain a better understanding of your situation and are optimally prepared for discussions with lawyers or advisors.
However, even if your employer relies on such reasons, this does not automatically mean that the dismissal is lawful. In Germany, employment law imposes strict requirements for a valid personal dismissal. Employers must, among other things, check whether continued employment is possible or whether milder measures – such as a transfer – could be considered. In cases of dismissals due to illness, several legal criteria must be fulfilled: a negative health prognosis, significant operational impairments, and a balancing of interests in favor of the employer. If one of these elements is missing, it may make sense to challenge the dismissal.
In addition, as an employee you only have three weeks to file an unfair dismissal claim with the labor court. This is where the quick assessment from iust.ai gives you a clear advantage: You gain a better understanding of your situation and are optimally prepared for discussions with lawyers or advisors.
