A dismissal for conduct-related reasons is simply a termination of the employment relationship by the employer due to the employee's conduct.
There is often a lack of knowledge about which behavior is a legitimate reason for dismissal, and there are often different assessments of violations by employers and employees. In addition, in many cases they have little time to act. A dismissal for conduct-related reasons does not always have to be accepted. Our lawyers, who are experienced in employment law, will provide you with individual advice and assistance if you have received a dismissal for conduct-related reasons.
Breaches of duty - warning and termination
Anyone who breaches their contractual obligations can be dismissed. However, depending on the reason for termination, termination for conduct-related reasons should be preceded by at least one warning. This is used to inform employees of what they have done wrong. However, the reason for a warning and the resulting dismissal does not have to be gross violations such as physical assaults in the workplace, even repetitive, negative behavior can be sufficient.
The main reasons for dismissal for conduct-related reasons are a breach of trust, disruptions to the operational order and problems in the area of work performance.
Minor offenses - serious consequences
Supposedly minor reasons may include repeatedly arriving late or leaving early, unexcused absences, private cell phone use or surfing the Internet during working hours. As a rule, it does not matter whether an employee repeatedly fails to arrive on time due to public transport delays or has a flat rate for the internet at work. After all, the full working hours are paid by the employer and there is no room for private time during these hours. Permission is even required for private use of the Internet during work breaks.
For all these violations, employers have a legitimate interest in giving them a warning and, if necessary, resorting to the last resort of dismissal for conduct-related reasons. What means "it's only a few minutes a day" for individual employees, results in overall economic damage for the company. In addition, the relationship of trust between employee and employer is disturbed by the breach of contract. This type of breach of duty results in a dismissal with due notice.
Gross breach of duty - termination without notice as a consequence
Anyone who massively threatens or even injures others in the workplace, commits theft and embezzlement, reveals company secrets or endangers the production process through drunkenness, for example, must also expect to be dismissed for conduct-related reasons. In the event of such serious violations, termination without notice may even be imposed in order to prevent further incidents of this kind.
Depending on the individual case, even the announcement of "sick days" may be sufficient to terminate the employment relationship without the usual notice period. It is also a reason to terminate the employment relationship without observing the notice period if unapproved leave is taken.
Refusals to work and deliberately incorrectly performed work are a further reason for dismissal for conduct-related reasons. If a legally valid warning has already been issued, they may also result in termination of the employment relationship without notice. Whether misconduct is justifiable enough to result in termination without notice can be assessed through legal advice and a dismissal protection process.
Instead of termination - continued employment in another position
If, for example, there is constant friction in a team or between two colleagues that disturbs the peace at work, the employer must offer to transfer the employee to another job if possible. If this is not feasible, the employment relationship can be terminated.
Dismissal for conduct-related reasons & action for unfair dismissal
If, after weighing up all interests, the dismissal for conduct-related reasons is pronounced, legal advice and a dismissal protection suit are important. Particularly with regard to benefits from the Jobcenter, it is of great importance whether the termination is really effective in terms of reason and form. If, for example, the behavior has not changed after a warning has been issued, unemployment benefits may be suspended. This is usually 12 weeks and therefore represents a significant financial loss.
As part of an action for protection against dismissal, a court will also review whether there was a corresponding warning or whether the reasons were sufficient for dismissal without a warning. Theft, bodily harm or the disclosure of internal company information to third parties can be sufficient grounds for terminating the employment relationship without notice. Even going on vacation without permission does not necessarily require a warning; in this case, notice of termination without notice can be given immediately.
Legal advice and filing an action for unfair dismissal are also important if there is a possibility of a severance payment. In this case, the complaint is the basis for further negotiations and a final settlement.
Deadline for the action for protection against dismissal - dismissal for conduct-related reasons
The deadline for filing an action for protection against dismissal is generally three weeks from receipt of the notice of dismissal. If this deadline is missed, only in a few exceptional cases is it possible to obtain subsequent admission of the action. The reasons for this must be valid and verifiable.
However, dismissed employees should not hope for retrospective approval. The hurdles are high. It is better to contact a lawyer immediately after receiving the notice of dismissal for conduct-related reasons. To meet the deadline, it is sufficient to file the complaint and submit formal applications. A statement of grounds can be provided subsequently as soon as the matter has been discussed between the client and the lawyer. However, deadlines must also be observed here. Last but not least, it makes sense to have the validity of a dismissal determined as early as possible so that you can report to the job center in good time or look for another job.
