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They could, but usually you don't want this to happen as an employee. Alternatively the court can force the employer to pay a severance if they regard the working conditions as untenable. An obvious example would be bullying at the workplace. But all of this is only applicable in the case of an unlawful termination.

Mostly if they want to get rid of you they offer you a severance.

It is also much more complicated than I can explain in a single post. For example, you can be fired for working "slowly", but you can't be fired if you are doing your best - even if all your colleagues are faster workers. It mainly depends on if you are doing your best.

E.g. your colleagues are able to dish out 100 pizzas in a typical evening but you only manage to make 50, and your boss wants to fire you. You don't agree and sue him. The court now has to decide if you perform so badly because of something that is "inherent" - which is called a "personenbedingte Kündigung" or in English dismissal on grounds of personal capability, or if it is based on your conduct. A dismissal on grounds of personal capability is usually deemed unlawful, as long as you give your best, if you consistently only manage to make 50 pizzas it seems like it, right? However if you willfully (!) perform badly the dismissal is usually deemed lawful. But, if you e.g. suffer from rheumatism and you can't perform the way you used to but you want to perform better, you just can't anymore it gets a bit complicated: the employer has to make a prognosis on how and if you are able to someday perform better again or if you could do another job. So, usually it is cheaper to offer someone a severance in that case.



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