Suicidal threat can justify termination of employment

In February 2018, Alexandra Hecht, an attorney at dhpg, commented on a legal case where an employee's threat of suicide could lead to termination. According to a decision by Germany's Federal Labor Court, an employee's threat of suicide or mass murder can justify immediate dismissal, particularly if the threat aims to achieve a specific objective against the employer.

The case involved an employee who had worked as a road worker since 1992 and, after a sick leave, participated in a company's reintegration program. During the program, he made statements interpreted by other participants as threats of suicide and mass murder. Police were called, and the individual was taken for treatment where he was deemed not to pose a danger.

The employer subsequently terminated the employee's contract immediately, citing a crucial reason and asserting the threat was a tactic to achieve personal goals. The employee challenged the termination in court. While a lower court initially ruled in favor of the employee, the Federal Labor Court overturned the decision and remanded the case for further review.

The Federal Labor Court stated that a serious threat to the safety of the employer or colleagues can be grounds for termination as it violates the employee's duty of care. Specifically, if the threat aims to achieve a certain outcome, such as avoiding specific job duties, it may justify termination. However, the court required further investigation to determine if the employee's threat was serious.

Alexandra Hecht emphasized that such threats, even when made during an internal reintegration process, do not diminish their severity or preclude their use as grounds for termination. The case highlights the responsibility employees have for their conduct in the workplace, even under challenging circumstances.