Termination due to Suspicion of a Criminal Offense

Requirements for the official hearing of an employee
Federal Labor Court, decision dated February 12, 2015 – 6 AZR 845/13

High demands have always been placed on terminating an employment relationship by an employer. This is especially true for so-called termination due to suspicion. Even the suspicion of a serious breach of duty can represent important grounds for an extraordinary termination of an employment relationship. A prerequisite is that the suspicion is supported by objective facts and that these suspicions destroy the trust necessary for the continuation of the employment relationship. There is a risk that the employee who will be terminated will be wrongly accused. Accordingly, the employer must make all reasonable efforts to clarify the underlying facts. This also means providing the employee with the opportunity to weigh in and comment on the allegations. Read on…