Suspicion of termination

  • Contact me immediately upon receipt of a cancellation!
  • The dismissal protection suit must be filed within 3 weeks of the notification of termination, otherwise the termination is considered lawful
  • In particular, there is a threat of a blocking period from the employment agency

In contrast to the so-called termination of the act, the justified presumption of a breach of duty (e.g. theft) by the employee is sufficient for a suspected termination.


The suspicion of a criminal offense at the workplace or any other suspicion of a serious breach of duty can justify a suspected dismissal under the following conditions:


  • objective facts give rise to strong suspicions
  • Educational measures by the employer, in particular Hearing the employee to strong suspicion
  • the strong suspicion is capable of seriously and permanently impairing the employer's trust in the employee
  • A balancing of interests leads to an overriding interest in the termination of the employment relationship

Hearing the employee

Before issuing a termination on suspicion, the employee must be heard about the strong suspicion.

A termination without a hearing is disproportionate and therefore ineffective. A hearing is only deemed to have taken place properly if it deals with the specific suspicious facts and gives the employee the opportunity to exonerate himself.

Warning not required in principle

The suspected termination is a sub-case of the personal termination and therefore - unlike a behavior-related termination - basically does not require any Warning.


According to the case law of the Federal Labor Court, there is an exception for suspected dismissals that occur due to breaches of duty in the minor area (e.g. theft of a few cents)