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Florian Jeske

Author's details

Name: Florian Jeske
Date registered: July 29, 2016

Latest posts

  1. Dismissal on suspicion (“Verdachtskündigung”) – reasonable time period to give a statement regarding the accusations — May 3, 2018
  2. Threat to commit suicide or to run amok can justify a dismissal for cause with immediate effect — December 21, 2017
  3. Discriminatory job advertisement – No claim for damages if applicant was not “seriously” applying for the job — August 18, 2017
  4. Employer may not issue polemic reference letter as coercive measures may follow — April 19, 2017
  5. Continued remuneration during outpatient care — September 6, 2016

Author's posts listings

Dismissal on suspicion (“Verdachtskündigung”) – reasonable time period to give a statement regarding the accusations

On 21 March 2018, the state labor court of Schleswig-Holstein ruled that a valid “dismissal on suspicion” (“Verdachtskündigung”) requires that the affected employee had been granted a reasonable time period to give a statement regarding the accusations (docket number 3 Sa 398/17). A “dismissal on suspicion” is void if the employer issues the notice of …

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Threat to commit suicide or to run amok can justify a dismissal for cause with immediate effect

On 29 June 2017 the Federal Labour Court decided that a serious threat of committing suicide or to run amok can be a compelling reason to terminate an employment relationship for cause with immediate effect if the employee thereby seeks to exert pressure on the employer (docket number 2 AZR 47/16). The employee and later …

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Discriminatory job advertisement – No claim for damages if applicant was not “seriously” applying for the job

If an applicant applies for a job solely to bring a claim then he will have no claim for damages, even if the job advertisement violates the General Act on Equal Treatment (judgement of the Munich labour court dated 24 November 2016, docket number 173 C 8860/16). A company advertised a voluntary job at a …

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Employer may not issue polemic reference letter as coercive measures may follow

While an employee’s enforceable claim to have a reference letter issued generally only covers the formal and substantial minimum requirements of such a letter, this does not apply if the employee is issued a reference letter which is stated in such a polemical and ironic way that its submission by the employee to a potential …

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Continued remuneration during outpatient care

On 25 May 2016 the Federal Labour Court (Bundesarbeitsgericht, docket number 5 AZR 298/15) ruled that employees on statutory insurance have a claim against their employer for continued remuneration during preventative outpatient care, if it is carried out with the approval of the social service provider in a facility for medical prevention or rehabilitation within …

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Fixed-term probationary assignment of “higher” and more demanding tasks

On 24 February 2016, the Federal Labour Court (Bundesarbeitsgericht) ruled that the validity of a fixed-term probationary assignment of “higher” and more demanding tasks has to be evaluated under Sect. 307 Subsect. 1 German Civil Code (“BGB”), which states that an agreement is invalid, if it leads to an “unreasonable disadvantage” for the other party …

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