Extraordinary termination

What is extraordinary termination?

In the case of extraordinary termination, also known as termination without notice, the employer terminates the employment relationship from one day to the next. In order for an employer to do this, they need an “important reason”.

Only ordinary termination can also take place without giving reasons. Employees can give ordinary notice of termination without giving reasons. Employers must give a reason as soon as the Dismissal Protection Act applies. This is the case if there are more than 10 employees. A notice period must also be observed.

Extraordinary termination: Reasons

The justification for an extraordinary termination is often a decisive factor in the effectiveness of this form of termination. Usually, this form of termination is often conditional on conduct.

A warning should be issued before this form of termination is used. Only in cases where misconduct is so clear and extensive that continued employment is unacceptable, e.g. in the case of legal violations, can immediate extraordinary termination take place without a warning.

The employer must clarify whether there is good cause in the course of a balancing of interests. This means that older employees or employees who have been employed for a longer period of time may have to be assessed differently than colleagues who have just joined the company.

The following forms of misconduct are often important grounds for extraordinary termination:

• committing criminal offenses at the expense of the employer, e.g. theft or fraud
• committing criminal offenses against employees of the employer, e.g. assault, bullying or sexual harassment
• Fake or late notification of sickness
• Unexcused absences despite multiple warnings
• Refusal to work
• Violations of data protection or data security regulations

Effectiveness

It should also be noted that the termination is only effective once it has been received. So if the notice of termination is posted in the letterbox, the termination is only effective once the letter has been removed.

For this reason, it is often the case that employers send a notice of termination by registered mail or hand it over in person and in the presence of witnesses.

Incidentally, termination is not prevented by the addressee refusing to accept it.