Can I terminate my employment contract prematurely if I am dissatisfied?
November 11, 2022 | 40,00 EUR | answered by Piotr Gehrmann
Dear lawyer,
my name is Thomas Buchner and I have been working as a Marketing Manager in a medium-sized company for two years. Lately, conflicts with my supervisor have been increasing, as he constantly criticizes my work and sets unrealistic goals for me. This constant criticism and pressure are making me increasingly unhappy and are affecting me both professionally and personally. I feel that my performance is not being properly recognized and that I may not be able to continue working in this company for much longer under these circumstances.
My employment contract still has 1.5 years left, and I am wondering if it is possible to terminate it prematurely in order to free myself from this unbearable situation. I am concerned that a termination could have negative consequences for me, such as a waiting period at the employment office or claims for damages from the employer.
Can you please explain to me legally whether I can terminate my employment contract prematurely if I am unhappy? Are there specific requirements that need to be met for a premature termination to be possible? What risks and consequences could a premature termination have for me, and how can I best protect myself?
Thank you in advance for your help and support.
Sincerely,
Thomas Buchner
Dear Mr. Buchner,
Thank you for your inquiry regarding the early termination of your employment contract due to dissatisfaction with your superior. I understand that this situation is very burdensome for you and that you are looking for a solution to free yourself from this unbearable situation.
In general, early termination of an employment contract is only possible under certain conditions. First of all, it is important to check whether your employment contract contains a clause for ordinary or extraordinary termination. In most cases, ordinary termination is only possible with adherence to a notice period specified in the employment contract or collective agreement. Extraordinary termination is only possible in particularly serious cases, such as bullying, sexual harassment, or serious violations of the employment contract.
However, if you are suffering from unreasonable working conditions and are considering early termination, you could try to invoke the so-called "frustration of purpose" doctrine. This means that the circumstances that led to the signing of the contract have changed so significantly that continuing the contractual relationship is unreasonable. However, this is a legal gray area and must be examined on a case-by-case basis.
Regarding possible risks and consequences of early termination, it is important to note that you may face a waiting period for unemployment benefits if you resign. This waiting period means that you will not receive unemployment benefits for a certain period of time. Additionally, your employer may claim damages, especially if you have not adhered to a contractual notice period.
To protect yourself as much as possible, I recommend seeking legal advice and exploring all possible options before considering early termination. Early communication with your employer about your issues and a possible mutually agreed solution could also be an alternative.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Best regards,
Piotr Gehrmann
