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"You are fired!" Is the boss allowed to give a verbal dismissal or not?

2020-12-06T00:07:57.272Z


If an employee makes a serious mistake, the boss can blow the collar. Oral termination is quick - but is it actually effective?


If an employee makes a serious mistake, the boss can blow the collar.

Oral termination is quick - but is it actually effective?

With certain behaviors, employees risk being fired from the boss.

Anyone who is constantly late, simply ignores the boss's instructions or is absent without excuse, can be dismissed by the superior after a warning.

But what happens if the boss

blurts out

the

dismissal in an argument

?

Is a simple "You are fired!" Enough to force workers to clear their desks?

Verbal terminations from the employer are ineffective

Regardless of whether it suits your employer or not: Verbal termination is generally ineffective.

The Civil Code stipulates in §125 and §623 that termination must always be in 

writing

 .

Otherwise it is void.

Discharge in electronic form via e-mail, fax, WhatsApp or SMS is also excluded by law.

Also read:

Termination: These are the things to keep in mind if you are fired.

What should I do in the event of a verbal termination?

"If your boss one day gets the oral dismissal, you as an employee have a 

right to continued employment

 and can file a suit with the help of a lawyer and his office," recommends the legal portal Arbeitsrechte.de.

But be careful: Do

n't take too long

with the

dismissal protection suit against your employer

.

If you only defend yourself against the verbal dismissal months later, you can lose your right to continued employment and the right to sue.

Employees are obliged to take action against a disputed dismissal within a reasonable period of time.

"To be on the safe side, the employee concerned should therefore

bring an action for protection against dismissal before the labor court responsible for him against the employer

within the three-week period

of § 4 Dismissal Protection Act," recommends the Kreuztaler law firm Kotz.

(as) * Merkur.de is part of the nationwide Ippen central editorial network.

Also interesting: 

Termination: three mistakes that are still circulating.

Do you want to stay up to date with the latest career news?

 Then follow our industry page on the career portal Xing.

Termination of Employment Contract: The Most Important Facts Everyone Should Know

Termination of Employment Contract: The Most Important Facts Everyone Should Know

Source: merkur

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