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suspected Termination (Personal professional businessman / woman-IHK)
suspected termination, term
from a suspected termination occurs when the employer suspects, but no absolute security is that the employee has committed a crime. According to the established case law of the BAG in this case, the employer may terminate extraordinary.
suspected termination conditions
prerequisite is that there are objective facts from which a suspect is. The suspicion must be urgently and the breach must be significant. The employer must also consider exculpatory facts. The employer must also listen to the employee, before he issues a suspected notice (BAG decision dated 14.9.1994). Insights, that the working-winning employer after the hearing, he must consult the workers again. This obligation does not apply only if the employee denies the charges overall (BAG decision of 13.09.1995). The employer should call a witness to this attention in order to prove the hearing and the reaction of the workers.
period under § 626 BGB
In this case, the employer must, as with any extraordinary denunciation, the 14-day notice period pursuant to § 626 BGB. Within 14 days he must speak the termination, calculated from the date on which he learns of the termination of the relevant facts.
termination because of proven crime
The employer may also initially on suspicion of termination and without waiting until an official investigation or criminal proceedings are completed. Then he can possibly cancel because of proven offense.
procedure is set
If the employer has chosen the suspicion dismissal and runs parallel to an official procedure, the question arises, what happens when this proceeding is terminated. Is therefore the dismissal ineffective? No, because the prosecutorial investigation should the decision of the Labour anticipate non-report.
suspect is acquitted
completely different, the case is, however, if the suspect is under the criminal procedure not guilty by suspicion. Then the work judges are bound by this verdict.
may: restitution claim
can possibly have a re-employment of workers claim. This situation can arise if the dismissal process already ruled against him was, but later he is in the law enforcement proceedings acquitted. This right to reinstatement but under conditions. He may not have given himself through his own fault substantial grounds for suspicion, and may speak no other weighty reasons against the reinstatement.
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