Can dismissal occur due to use of Nazi slogans during leisure hours?
Some individuals have experienced career consequences due to racist yelling at Sylt. It remains unclear whether their questionable off-work actions truly warrant termination. Discover the specifics.
Attendees of the "Pony" bar in the Sylt town of Kampen never anticipated their gathering would ignite a nationwide scandal. The video capturing the partygoers loudly voicing racist and xenophobic slurs and potentially hinting at a Hitler salute caused a public uproar.
The authorities and prosecution are probing this matter - however, their progress seems slow: A growing number of major firms, including Deutsche Bank and Vodafone, have publicly opposed racism and enacted measures against alleged participants. 8 companies and institutions plan to fire, release, or at the very least assess workers connected to the event, according to NDR. But can they so swiftly execute such actions?
To what extent must employees align with their employer?
"Employers are not concerned with workers' leisure activities," states Felix Zimmermann, a legal expert and editor-in-chief of the legal magazine "Legal Tribune Online." It's irrelevant if an employee supports the AfD or displays the Reich flag in their backyard.
Employers may cite the employee's loyalty obligation. Workers are supposed to safeguard their boss's interests and shield them from harm. Loyalty obligations can be perceived differently based on an individual's role within a company. Warehouse workers or bakery employees possess distinct obligations compared to those who represent a company.
Suppose an influencer staunchly advocates democratic ideals, but partygoers at an event shout Nazi slurs; in this case, termination may be justified. Nevertheless, every case demands individual scrutiny.
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- In light of the incident at the "Pony" bar, some advisors have suggested that companies should clearly outline their expectations regarding employee conduct, both on and off the job, to avoid potential termination disputes related to racism or discriminatory behavior.
- The labor law expert, Felix Zimmermann, mentioned that employers cannot terminate workers solely based on their personal beliefs, such as advocating for the AfD or displaying fascist symbols, unless those beliefs negatively impact their professional judgment or adversely affect the consumers' trust in the company.
- In cases where an employee's off-work actions, like attending racist gatherings or making racist judgments, directly harm the company's reputation or damage relationships with its clients, the company may choose to terminate their employment, provided that it follows proper termination procedures under labor law.
Source: www.ntv.de
