A Mere Suspicion Can Cost a Job: How German Labor Law Lets Employers Act Before Conviction
04.06.2026 - 08:05:23 | boerse-global.de
Employers, including the state, are increasingly acting on early warning signs—long before any court has ruled on guilt or innocence. Recent cases spanning politics, the military, and the private sector illustrate how quickly an investigation can lead to dismissal.
Trust, Not Conviction, Determines Employment
The Potsdam public prosecutor’s office is investigating an employee of the Brandenburg state chancellery following an incident on April 14, 2026. The worker is accused of striking a secretary with a stack of mail. The victim is on sick leave; the accused describes it as a “friendly tap.” The chancellery immediately opened disciplinary proceedings but paused them pending the criminal investigation’s outcome.
Under German labor law, a suspicion-based termination (VerdachtskĂĽndigung) does not require a conviction. The key ruling came from the Federal Labor Court (BAG) on January 31, 2019: what matters is the destruction of the trust relationship between employer and employee, not a final guilty verdict.
Military Applies New Fast-Track Dismissal Law
Since November 17, 2023, Germany’s armed forces have had a special tool at their disposal. 19 soldiers have been discharged under Paragraph 46, subsection 2a of the Soldatengesetz (Military Personnel Act), which allows quick removal of personnel who seriously oppose the constitutional order. The Federal Office for Personnel Management reviews each case, and the Military Counterintelligence Service (MAD) becomes involved as soon as concrete indications of extremism emerge. The speed of these dismissals bypasses the usual lengthy disciplinary procedures where state security interests are at stake.
Whistleblower Shield Has Limits
The Lower Saxony State Labor Court (LAG) clarified the boundaries of the Whistleblower Protection Act (HinSchG) on May 29, 2026. Two former Volkswagen employees had sought damages, claiming they suffered professional setbacks after reporting internal problems—alleged victim of whistleblower retaliation. The court dismissed their lawsuits. The internal reports were made before the HinSchG took effect and fell within regular job duties, not protected whistleblowing. Additionally, the plaintiffs failed to prove a direct causal link between their reports and the professional disadvantages they faced. The case has been allowed appeal to the Federal Labor Court.
Off-Duty Conduct Can Trigger Dismissal
Misconduct outside working hours can also end a career—if a clear connection to the employment relationship exists. Possession of child pornography (Paragraph 184b of the German Criminal Code), upgraded to a felony in July 2021, is a prime example. The Federal Administrative Court (BVerwG) has confirmed in rulings from 2015, 2019, and 2020 that such crimes justify firing teachers, police officers, and prison guards. The rationale: the loss of integrity essential for those professions. Back in 1994, the Federal Labor Court already established that while the presumption of innocence applies in criminal law, an employer in labor law may terminate based on a well-founded suspicion if the trust relationship is irreparably broken.
Private Sector Gets Tougher
Companies are also hardening their stance. After undercover videos surfaced between November 2025 and January 2026 showing alleged animal cruelty at a pig breeding operation, MADOMA GmbH confirmed immediate labor-law measures against responsible employees.
Medical doctors face similarly harsh consequences for sexual offenses. Beyond criminal penalties, they risk immediate suspension, revocation of their medical license, and lasting reputational damage. Courts in such cases often rely on psychological assessments to evaluate conflicting statements, particularly when physical evidence is lacking.
When trust in the workplace is broken, the consequences can be severe—for both employees and employers. For UK businesses, maintaining a safe and compliant environment is the best way to avoid disputes and legal risks. A free Health & Safety Toolkit provides ready-to-use risk assessments, checklists, and templates that help you meet your legal duties under the Health & Safety at Work Act 1974. Download the free Health & Safety Toolkit
German employers—public and private alike—are signaling that broken trust, even on suspicion alone, is increasingly seen as a risk they are no longer willing to take.
