ARTICLE · 13 MARCH 2025

Extraordinary Termination Due To Off-Duty Conduct

Littler

Explore more from Littler

A strict distinction must always be made between private and business life. Off-duty conduct can therefore only justify dismissal within very narrow limits.

GermanyEmployment and HR

Johanna Müller-Foell

Alke Helene Sundermann

A strict distinction must always be made between private and business life. Off-duty conduct can therefore only justify dismissal within very narrow limits. Extraordinary dismissal for off-duty conduct can only be considered if there is a connection with the employment relationship. If there is no such connection, a breach of duty relevant to dismissal is generally ruled out.

Background

In its ruling dated February 28, 2024 (case no. 2 Sa 375/23), the Lower Saxony Higher Labour Court (LAG) addressed the question of when conduct outside of work can justify extraordinary dismissal. It must be taken into account that employees are also obliged to show consideration for the legitimate interests of their employer outside of their working hours. The duty to show consideration can therefore also be breached in exceptional cases through off-duty conduct. However, such conduct can only affect the legitimate interests of the employer or other employees if the conduct is

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

AI In HR: More Time Through The Digital Omnibus On AI – Compliance Remains A Priority

European UnionEmployment and HR

Fixed-term Employment Under A Court Settlement

GermanyEmployment and HR

BAG Begrenzt Materiellen Schadensersatz Nach Diskriminierender Nichteinstellung

GermanyEmployment and HR

Luther Luxembourg S.A.

More Than Meets The Eye: Smart Glasses In The Workplace

GermanyEmployment and HR

Minor Errors In A Collective Redundancy Notification

GermanyEmployment and HR

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Employment and HR

Related Comparative Guides

Comparative Guide

Technology Outsourcing

Comparative Guide

Employee Incentives

See more popular content from

Employment and HR

Germany’s Pension Reform 2026: What The Commission's Recommendations Mean For HR And Restructuring Practice

Germany's Pension Commission has proposed sweeping reforms that would fundamentally reshape retirement planning, workforce transitions, and employment structures. From dynamic retirement ages linked to life expectancy to the potential elimination of the senior part-time block model and minijobs, these recommendations carry profound implications for employers navigating restructuring, social plans, and pension commitments.

GermanyEmployment and HR

Spotlight Q&A: Internal Investigations In Germany

Mayer Brown's Employment & Benefits team in Germany has published a comprehensive briefing series examining the legal framework, practical tools, and compliance architecture underpinning internal investigations. Two of the authors outline key highlights for in-house legal teams, HR professionals, and senior management in organisations with a presence in Germany.

GermanyEmployment and HR

Coalition Package July 2026: What The Planned Reforms Mean For Your Company

Germany's coalition government has proposed sweeping reforms to employment law that would fundamentally alter fixed-term contracts, dismissal protections, employee co-determination, and sick leave requirements. The package aims to strengthen Germany's competitive position amid technological change and demographic pressures, offering employers expanded flexibility while maintaining worker protections. These initiatives signal the most significant restructuring of German labor law in years, with implications

GermanyEmployment and HR

PwC Legal Germany

Part VI: Internal Investigations: Role And Rights Of Employee Representatives

German works councils hold binding co-determination rights over monitoring systems, staff questionnaires, and personnel measures in internal investigations. This guide maps the statutory triggers under the Works Constitution Act, explains when system-level consent differs from case-level information duties, and shows how to balance speed and confidentiality with mandatory consultation—without automatically losing evidence in court.

GermanyEmployment and HR

Koalitionspaket Juli 2026: Was die geplanten Reformen für Ihr Unternehmen bedeuten

Germany's coalition government has proposed sweeping reforms to employment law that could fundamentally reshape fixed-term contracts, dismissal protection, co-determination rights, and sick leave reporting. The measures aim to strengthen Germany's competitiveness amid technological change, demographic pressure, and international competition, offering employers significantly expanded flexibility while tightening certain compliance requirements.

GermanyEmployment and HR

PwC Legal Germany

Pay Transparency: German Federal Labour Court Defines The Limits Of Information Rights

The implementation of the EU Pay Transparency Directive is still pending in Germany. The transposition deadline expired on 7 June 2026. Although it remains unclear when a draft bill will be published...

GermanyEmployment and HR

Part IV: Tools For Internal Investigations II: Screening Of Employee Data, Documents, Emails, And Physical Searches

German employers face complex legal constraints when screening employee data or conducting workplace searches. This briefing explains how to lawfully navigate GDPR, telecommunications secrecy, and works council requirements while maintaining defensible evidence for internal investigations.

GermanyEmployment and HR

Travel Time: Are German Employers Required To Pay The Full Cost?

Many employers are familiar with this scenario: Employees (often sales representatives) drive from their homes to customer appointments, and the question arises whether the employees are entitled to be paid for this travel time.

GermanyEmployment and HR

National Action Plan To Promote Collective Bargaining

In July 2026, the German Federal Government adopted the National Action Plan to Promote Collective Bargaining (Action Plan) and submitted it to the Bundestag in September 2026.

GermanyEmployment and HR

Part V: Internal Investigations: Data Processing

German employers face complex data protection requirements when conducting internal investigations. This briefing examines the legal framework governing personal data processing under GDPR and German law, exploring when evidence remains admissible in court and how to balance employee rights against investigative needs.

GermanyEmployment and HR