Theft at work: instant dismissal for thieves?

Thieves can be in for a rude awakening!

As a general rule, anyone who steals something in the course of their work will be fired. Extraordinary dismissal is more the rule than the exception, even if labor courts require good cause for dismissal without notice. Theft is classified as such in the majority of cases. If, in individual cases, an extraordinary dismissal is classified as unlawful due to external circumstances, the dismissal is usually still carried out. Just not extraordinarily.

The clear answer: Yes!

The material value of a stolen item only plays a subordinate role for termination without notice. Even low-value items justify this, as theft can severely undermine trust under employment law. Whether it is an eraser or a large sum of money does not play a major role.

Of course, there is a time limit for termination without notice, which must be observed in any case. The employee must receive written notice of termination without notice no later than 14 days after becoming aware of the theft. After these two weeks, termination without notice in this form is no longer possible. If this time window is exceeded and the notice period is therefore missed, the employment relationship must be terminated with notice. This can result in additional costs for the employer.

Good to know: The employer's right to terminate without notice is not generally revoked after 14 days. If further investigations or clarification work is required as a result of a case, this can be followed up first. However, the investigation should be carried out within a reasonable period of time.

In practice, dismissal on suspicion occurs far more frequently than expected. This is because hardly any employers catch their employees in the act of theft or on video. It is important to know that stricter guidelines apply to dismissal on suspicion than in the case of an established offense. Mere suspicion is not sufficient. The suspicion of theft must be based on at least several pieces of evidence, should be comprehensibly substantiated and stand up to judicial scrutiny. In addition, it must be credibly assured that the incident has led to a loss of trust and that this makes further cooperation virtually impossible.

Furthermore, in the event of a termination on suspicion, it should always be borne in mind that a hearing of the accused employee is a prerequisite for an effective termination without notice. The accused can also consult a lawyer. In general, the accused must be given the opportunity to comment on the allegations. The employee should also be given time to reflect.

While misconduct in the workplace normally results in a warning first, the situation is different in the case of theft. Labor courts tend not to require a warning for dismissal in this case. This is justified by the foreseeable consequences of theft for the employee and the destroyed basis of trust between the two parties. In individual cases, however, labor courts may decide otherwise. This is particularly the case if the courts consider the dismissal to be disproportionate. This can happen, for example, if an employee has performed his or her work for several years in a trustworthy manner and without any complaints. Theft of low-value items may not be sufficient to justify termination without notice.

Of course, the injured employer can demand the return of the stolen item. In Germany, the statute of limitations for claiming restitution is thirty years. In practice, however, this proves difficult. The exact whereabouts of the stolen goods often remain unknown, and they may also have been damaged, used or modified. The law stipulates that the injured party can sue for compensation. The loss caused by the theft should thus be legally compensated. Of course, the amount of compensation is based on the actual value of the loss. Claims for higher compensation are generally rejected.

Are you accused of theft at work by a colleague? Don't panic!

Is there a works council? Then contact them first of all. Present your concerns calmly and explain the situation. Clarifying discussions or a transfer of the accused can often solve the problem.

Is there no works council? Then you should seek a meeting with the employer and explain the circumstances. If there is no truth to the allegations, the employer will certainly clarify the incident for the good of the working atmosphere.

If you want to take legal action, you can of course consult a lawyer and sue for injunctive relief. Damages resulting from the accusations can be claimed as compensation.

If you have been dismissed on the basis of false accusations, you should definitely take legal action to defend yourself. In this case, you should file an action for protection against dismissal. We will be happy to advise you in detail on this topic.

Extraordinary dismissal due to theft in the workplace does not automatically mean that the offense must also result in criminal proceedings before the public courts. An employee can validly give notice of termination without notice even without official criminal charges.

Previous rulings have shown that criminal courts and labor courts sometimes come to completely different decisions and act separately from each other. Therefore, despite a conviction in criminal proceedings for theft, it is possible that the extraordinary dismissal is not effective. Here, the judges must always take a close look at the individual case.

Don't worry. Even if you were dismissed because of theft, you are still entitled to unemployment benefit I. The employment agencies in Germany do not differentiate between the reasons why an employee was dismissed. This means that you will not suffer any disadvantages if you are dismissed with notice. However, if you are dismissed without notice - regardless of the reason - you must fear that your unemployment benefit will be blocked for 12 weeks.