Pre-termination reconstruction review for German employers · Verfahrenscheck by ARAM Algorithm

Can the file explain this Kündigung before it goes out?

  • Most termination decisions do not fail because the reason was wrong.

  • They fail because the file can no longer explain how the decision was reached.

  • When the decision must be reconstructed later, the evidence, chronology, and reasoning cannot be traced from the record itself.

  • Verfahrenscheck tests whether the file can carry the decision across 8 gates, 53 sub-gates, and 78 evidence codes drawn from recurring BAG failure patterns.

CASE FILE · DE-2026-▮▮ · ROUTE DReplay Live
Reconstructable TerminationEight reconstruction gates, G0 to G7. One missing link breaks the file.

Illustrative gate run: a de-identified Route D extraordinary termination replayed across the eight statutory gates G0 to G7. Seven gates pass or are not engaged; G2 returns OPEN because the §626 Abs. 2 BGB two-week deadline cannot be confirmed from the file. Each gate below expands to its sub-checks.

G0 Protected Employees§17 MuSchG · §168 SGB IX · §15 KSchG Pass

Special-protection screen — any external-consent bar must clear before the merits are reached.

  • G0.3Severe-disability / Integrationsamt consent — none required on file
  • G0.4§15 KSchG office-holder (works council · DPO · election board) — not applicable

Leading authority · BAG 2 AZR 19/13

G1 Works Council Hearing§102 BetrVG Pass

Procedural integrity of the §102 hearing before the notice issued.

  • G1.1Hearing initiated before notice
  • G1.4Response window respected (3 days · extraordinary)
  • G1.7Notice not issued before the window closed

Leading authority · BAG 2 AZR 280/96

G2 Justification & Timing§626 Abs. 2 BGB · §623 BGB Open

Extraordinary cause and the statutory clock that governs it on Route D.

  • G2.WFWritten form — §623 BGB
  • G2.D1Important reason — documented basis
  • G2.D2Two-week deadline — §626 Abs. 2 BGB — date of reliable knowledge not in file — open
  • G2.D3Warning necessity — assessed in context

14 social-selection sub-checks (§1 KSchG branch) not engaged on Route D.

Leading authority · BAG 2 AZR 282/10

G3 Milder AlternativesUltima Ratio · Verhältnismäßigkeit Pass

Whether milder measures were genuinely weighed before termination.

  • G3.1Proportionality analysis — documented
  • G3.2Alternatives — evaluated and documented

Leading authority · BAG 2 AZR 514/13

G4 ConsistencyEqual-treatment principle Pass

Comparable conduct handled comparably across the establishment.

  • G4.1Comparable-treatment basis — documented

Leading authority · BAG 6 AZR 845/13

G5 Tech Co-Determination§87(1) Nr. 6 BetrVG N·A

Co-determination over monitoring or technical systems.

  • Not engaged — no monitoring or technical system bore on this decision.
G6 Model TransparencyGDPR Art. 22 · EU AI Act N·A

Explainability where an algorithm or analytic tool informs the decision.

  • Not engaged — decision taken by a human on documentary evidence.
G7 Anti-Discrimination§1 AGG · §22 AGG Pass

Decision basis specific; no protected-ground indicators on the record.

  • G7.1Decision basis — documented and specific
  • G7.2§22 AGG protected-ground indicators — none present

Leading authority · BAG 8 AZR 466/14

G2 Open · Justification & Timing No confirmed date of reliable knowledge — the §626 Abs. 2 two-week deadline can’t be cleared. Replay weakened, while the decision can still change. View the gap
Illustrative · de-identified · not legal advice — caught before the notice went out, while the decision could still change

The output is not “here is the answer.” The output is here is what is defensible — a per-finding map of evidence, gate, and BAG warrant. Inspectable end to end.

De-identified review Your data stays with you No legal advice

Our review. Your data. No surprises.

Built on German court authority. Focused on what gets decisions overturned.

  1. Built on Published BAG Decisions 50 decisions mapped today Expanding continuously towards 500+
  2. Review method Every Gap Named
    • 8 gates
    • 53 sub-gates
    • 78 evidence codes
    Deterministic. Consistent. Reconstructable.
  3. Data handling On Your Device Laptop or firm infrastructure No cloud inference Raw documents stay local
  4. Delivery 72-Hour Review Typical file-to-report turnaround Priority turnaround available
  • GDPR Compliant
  • On Your Device
  • § 43a / § 43e BRAO Compliant
  • § 203 StGB Confidential

Built for the three roles who carry a German termination. For HR: know whether the file can carry the decision before you sign the Kündigung. For Syndikusrechtsanwälte (in-house counsel): the termination you lose is rarely the one you misjudged — it is the one the file cannot carry. For Fachanwälte für Arbeitsrecht (employment lawyers): the question is not whether your client can terminate, but whether the file can still carry the decision eighteen months later.

Anchored in published BAG decisions

The jurisprudence behind the gates.

German courts reconstruct employment decisions from the file. The ruleset is built from published Bundesarbeitsgericht decisions and recurring failure patterns identified in those decisions. Each gate traces to a named, verifiable authority you can read yourself—not an assertion you have to trust.

  • BAG 2 AZR 736/13 ⚖️ Bundes-
    arbeitsgericht

    Verhaltensbedingt · Conduct

    A conduct dismissal stands on the warning record — and on a §102 hearing judged on the employer’s actual decision basis, not a reconstruction assembled after the fact.

  • BAG 6 AZR 157/22 ⚖️ Bundes-
    arbeitsgericht

    Betriebsbedingt · §17 KSchG

    A termination issued before the mass-dismissal notice is on file cannot take effect — the file breaks a step before the merits are ever reached.

  • BAG 2 AZR 55/25 ⚖️ Bundes-
    arbeitsgericht

    Außerordentlich · §626 II BGB

    A summary dismissal can be lost on the calendar, not the facts — the two-week clock runs from the knowledge date, and an undocumented hearing attempt cannot stop it.

  • BAG 2 AZR 505/09 ⚖️ Bundes-
    arbeitsgericht

    Leitender Angestellter · §5(3) BetrVG

    Executive status proven by title alone collapses to an ordinary dismissal — and the §102 hearing that was never run becomes mandatory in hindsight.

Most Kündigungen fail during reconstruction, not during decision-making.

When a termination is challenged, the question is rarely: Was there a reason? The question becomes: Can the file still prove how the decision was reached? Verfahrenscheck tests whether the evidence, chronology, and reasoning remain reconstructable before the notice is delivered.

Reconstructable
The file explains itself
Evidence, chronology, and reasoning remain traceable from the record itself.
Every gap named
No silent assumptions
Missing evidence, procedural defects, and unresolved questions are identified explicitly.
Built from BAG decisions
Every gate has authority
Each procedural gate traces back to published Bundesarbeitsgericht decisions.
Fail closed
Uncertain means unresolved
If the file cannot prove a point, the review does not invent one.

What Verfahrenscheck reviews. What it doesn't.

Verfahrenscheck does not predict judges, outcomes, or settlement values. It reviews whether the file contains the evidence, chronology, and procedural elements required to support the decision.

What we check
8 Gates · 53 Sub-Gates · 78 Evidence Codes
Published BAG failure patterns across German termination routes.
What we don't predict
Courts. Judges. Settlements.
Verfahrenscheck reviews the file, not future litigation.
What we flag
Open questions requiring human judgment
Timing, proportionality, fairness, and other issues that cannot be resolved mechanically.
Where we stop
Your lawyer takes over here
This is a procedural review, not legal advice.
Mano Venkatesan, Founder & CEO of Aram Algorithm

Founder’s Vision

Most termination decisions do not fail because the reason was wrong.

They fail because years later nobody can reconstruct how the decision was reached.

The chronology is incomplete. The evidence is scattered. The reasoning cannot be traced from the file itself.

I started Aram after seeing the same pattern appear across published Bundesarbeitsgericht decisions. Different employers. Different facts. The same reconstruction failures.

Aram was built around a simple principle:

Die Akte muss die Entscheidung tragen.

Before a notice goes out, the file should already explain itself.

Mano Venkatesan Founder & CEO, Aram Algorithm, Inc.
Now onboarding a select first cohort · German employers and their counsel

See whether one file can carry the decision.

Three ways to test whether the file can still explain the decision — start wherever you sit.

  1. See a sample report

    A fully de-identified review, end to end — see how a file reads before you trust the method. Nothing to submit.

  2. Pressure-test your process

    A 3-minute self-assessment — where your last termination would flag, before any notice goes out. No case detail.

    3-minute Check Your File’s Reconstructability
  3. Run a live case with the founders

    One live or recent termination. De-identified intake generated locally; a structured defensibility review returned, typically within 72 hours.

Prefer to talk first? Book a 15-minute walkthrough — or discuss deployment, on-prem available for founding design partners.