What is an action for protection against dismissal?

Unfortunately, most employers often do not offer severance pay in the course of a termination on their own. The dismissal must be challenged with the help of an action for protection against dismissal. The action for protection against dismissal must always be filed with a labor court. If no action is taken against the termination, it automatically becomes effective three weeks after receipt(§§ 4 and 7 KSchG), regardless of whether it was justified or not.

This does not necessarily mean that a verdict will be reached.

Before the lawsuit is decided by a judge, there is the possibility that the employee and employer come to an agreement. The agreement (so-called court settlement) is reached in 95% of cases and in most cases includes a severance payment. The settlement wants to be well negotiated, as it can include all possible claims of the employee. 

This is especially true for the severance payment and its amount. The amount determined by the settlement calculator is the amount that lawyers can negotiate for you in the vast majority of cases. Depending on the individual situation, this amount can also be much higher. This amount must be negotiated.