Go to court or stop — and protect yourself afterwards
After the written assertion the second stretch begins: three months for the claim, the labour court, and protection against retaliation at work.
✓ Verified: 11/08/2026
WHAT TO DO
› Details and tips
Keep a simple diary after the complaint: date, what changed, who said it. That list is the most common source of indicators under the anti-retaliation rule.
The free advice helps before the deadline expires, not after. Many arrive six months later looking for consolation, when it is no longer about money but only about acknowledgement.
Useful Tools
- Antidiskriminierungsstelle des Bundes legal-info
Federal anti-discrimination agency: free advice on the AGG and a map of local counselling centres.
- BMAS — Bundesministerium für Arbeit und Soziales legal-info
Federal Ministry of Labour: official guidance on employment law, leave and working time.
FREQUENTLY ASKED QUESTIONS
Is going to court unavoidable? ▾
No. Many cases end with the written assertion or in the internal procedure. Where a claim becomes necessary, the deadline is three months from the written assertion, and negotiations do not extend it.
Is free help available? ▾
Yes, the federal anti-discrimination agency advises free of charge and maintains a map of local counselling centres. That route does not replace a lawyer in court, but it helps judge whether the case is worth the deadline.
What if things get worse after the complaint? ▾
Disadvantaging someone for asserting rights under this Act is prohibited, as is doing so for refusing to carry out an unlawful instruction. The same burden of proof rule on indicators applies to those cases.
Are witnesses protected? ▾
Yes, the prohibition covers people who support the employee and those who appear as witnesses. Worth mentioning to colleagues who hesitate to confirm the obvious.
Does a claim affect the employment relationship? ▾
Legally a compensation claim does not end the contract or oblige anyone to leave. In practice many people decide that separately — and better not on the same day as the assertion.