Dismissal under duress in employment law – what is meant by it

There are special constellations of a Terminationthat require special consideration. This includes the Print termination, which is the subject of this article. Because it happens that the Desire to separate may not come directly from the employer. Yes, it may even be that the employer does not want to terminate the employment, but has no other choice. At least outwardly, it seems so. In this article, I will explain to you,

• what the pressure dismissal is all about,
• which constellations need to be distinguished in the case of dismissal under pressure,
• under what conditions such termination is lawful,
• what options you have as an employee to defend yourself against dismissal.

In this article, I will answer many of your questions about dismissal under duress. After reading this article, you will have a basic understanding of this special form of dismissal. If this article does not fully answer your questions, I would advise you to contact a specialist employment lawyer who can assist you with your dismissal. Of course, you can contact me directly. As a lawyer for Labor law in Hamburg and expert on the topics of termination, Termination agreement and severance pay, I will support you with all my expertise.

For further information on general and special protection against dismissal I would like to refer you to my guides.

Dismissal under duress – what is meant by it

The persons or companies associated with the company could demand from the employerto terminate a specific employee. This is often due to an employee's behavior that is disapproved of. The request for termination can come from several sources:

• Other employees
• Customers
• Works council
• supervisory authorities

The Nature of pressure termination The risk is that the individuals in question combine the termination request with the threat of disadvantages. Employees could, for example, threaten to leave the company themselves otherwise. Important customers could demand the dismissal of the employee in question and make the continuation of the contractual relationship with the company dependent on this.

There are two forms of pressure termination: (1) False pressure termination (2) True pressure termination

I will now discuss the different forms of termination and explain them to you.

What is a “false dismissal due to pressure”?

From a false pressure termination Lawyers speak of this when the employer only indirectly declares the termination due to pressure. In fact, however, it is not the “external pressure” that forces the employer to terminate the employment. Rather, the employer declares the Termination for personal reasons or behavioral reasonswhich, in his opinion, actually exist.

What is a “true dismissal under duress”?

At a real pressure dismissal The employer has no grounds for termination that can be traced back to the employee's personality or conduct. The employer cannot actually terminate the employment effectively, as the employee cannot be accused of any misconduct that would warrant termination. Yet individuals can demand the termination of the employee, thereby creating a ground for dismissal for the employer.

Requirements for the effectiveness of a dismissal under pressure

It goes without saying that the Effectiveness of genuine pressure dismissal Strict requirements must be met. The Federal Labor Court has established several standards in this regard.

Employers must protect employees

In this case, the employer has initially protective to the affected employee. Only if the threat cannot be averted in this way and if the threat is realized severe economic damage If the employer is threatened with harm, termination may be socially justified. However, this requires that termination is the only practical means of averting the damage.

Federal Labor Court, judgment of 18 July 2013 – 6 AZR 420/12

Did the employee initiate the dismissal under duress?

For the effectiveness of such a false dismissal under duress, it is relevant, among other things, whether an employee Pressure situation caused by his behavior But even in this case, the employer may not simply issue a dismissal under duress. Rather, he must protect the affected employee and do everything reasonable to dissuade the customer or the workforce from their stance, for example. Despite his efforts, dismissal must be the only means of averting economic disadvantages.

Federal Labor Court, judgment of December 15, 2016 – 2 AZR 431/15

Employers may not incite other employees

Of course, the employer is prohibited from citing a situation of pressure if he or she has caused it in a culpable manner. This can happen, for example, if the employer deliberately creating a mood against a particular employee The employer cannot invoke a situation of pressure even if he violates the Prohibition of discrimination would be violated.

Employees should de-escalate

On the other hand, employees also have certain obligations when a pressure situation arises. They cannot simply withdraw, but must supportto resolve the pressure situation and De-escalation If an employee fails to fulfill his or her obligation in this regard, this could worsen his or her situation under the law on protection against dismissal.

Some cases of dismissal under pressure

Cases of genuine dismissal under duress:

• Extra-occupational crime
• Request for termination of employment against a sex offender
• Threat of dismissal if manager is not dismissed