Contesting a termination agreement retrospectively: Your rights as an employee

A termination agreement is an amicable agreement between the employer and employee that terminates the employment relationship without notice. In contrast to a notice of termination, there are no statutory notice periods or special protection against dismissal. A termination agreement is often combined with a severance payment or other financial incentives.

Important features of a termination agreement:

• Termination of the employment relationship by mutual agreement
• No notice periods required
• Possible effects on unemployment benefit
• No works council involvement necessary

Yes, under certain circumstances, employees can subsequently contest a signed termination agreement. However, this is only possible in exceptional cases and under strict legal conditions.

The most important grounds for contestation are

1. error

If an employee was subject to a significant error when concluding the contract, a rescission may be possible. An error exists, for example, if the employee was misled about the essential content of the contract or misjudged the financial consequences.

2. fraudulent misrepresentation

If the employer has misled the employee about crucial facts, the contract can be rescinded on the grounds of fraudulent misrepresentation. Examples of this include false information about social insurance, severance pay or other career prospects.

4. unlawful threat

A termination agreement can be contested if the employer has coerced the employee into signing it, for example by threatening termination without notice or other disadvantages under employment law.

5. immorality and breach of good faith

A termination agreement may be invalid if it is particularly one-sided and unreasonably disadvantages the employee. This is the case if there is a significant disparity between the advantages for the employer and the disadvantages for the employee.

A termination agreement must be contested in writing and without delay. Certain deadlines must also be observed:

• Rescission due to fraudulent misrepresentation or threat: Within one year of discovering the deception or ending the predicament.


• Contestation due to error: Immediately after becoming aware of the error.

As rescinding a termination agreement is legally complex, it is advisable to consult an experienced specialist lawyer for employment law.

If a termination agreement is successfully contested, the employment relationship is deemed not to have been terminated. The employee may be able to get their job back. However, the challenge may also be reviewed by the labor court, meaning that a legal dispute may be unavoidable.

Important: The Federal Employment Agency can also impose a suspension period for unemployment benefit in the event of an unlawful termination agreement. Professional advice from a lawyer helps to avoid such consequences.

• Never sign under pressure! Don't let yourself be rushed, but take your time to review the contract.


• Let us advise you! A specialist lawyer for employment law can analyze your situation and provide you with comprehensive support.


• Act quickly! The time limits for contestation are strictly limited.

Let the experts advise you!

Have you signed a termination agreement and would like to contest it retrospectively? The law firm Haas und Kollegen GmbH specializes in employment law and supports you with sound advice and competent representation.

Contact us today! Arrange an initial consultation and secure your rights.