Warnings And Dismissals For Employees On Gardening Leave: Practical Tips From Germany

What happens if an employee has been terminated and is on gardening leave when another reason for terminating his or her employment comes to light? This article provides practical tips for employers.

If an employer terminates an employee's employment (e.g. for operational reasons) and releases him or her from the obligation to work for the period until the employment relationship is terminated (often referred to as gardening leave), the employer may become aware of circumstances during the gardening leave period which occurred before the notice of termination was given and which justify a further (often conduct-based) termination or at least a warning (e.g. insulting a colleague). This article will explain to what extent it is possible and reasonable to issue a warning in these circumstances and under which conditions a further dismissal or a so-called 'extension of reasons for dismissal' is possible and reasonable. There may be a need for action