SPIEGEL: Mr. Mahnhold, the head of McDonald's was fired because he has a relationship with a co-worker. The affair is mutually agreed - where is the problem?
Thilo Mahnhold: There is no problem under German law! A love relationship in Germany is not a reason for termination. How a person loves and lives is basically irrelevant to the employer. Personal relationships are protected by the Basic Law. It only looks different if conflicts of interest exist and the love relationship could affect the company's economic success.
SPIEGEL: So a German branch manager of McDonald's, who is in a relationship with an employee, does not have to fear for her job now?
Mahnhold: No, she does not have to. A relationship between boss and employee - that happens in Germany in the best circles. That someone is fired for this shows how different the culture is in the US. Prohibiting relationships in the workplace is something typically American. In the US, most companies have their own code of ethics, which, for example, says, "We do not tolerate a relationship in the workplace."
SPIEGEL: And if my German employer writes such a sentence in the employment contract?
Mahnhold: Then you can ignore this. Clauses that violate the right to privacy have no validity in German courts. Nevertheless, your employer may neither warn you nor terminate you because of a love relationship. There have been more and more attempts by US companies to introduce codes of ethics in Germany with such clauses, but these have all failed.
SPIEGEL : But a love affair between boss and employee is not unproblematic. How should an in love boss objectively judge the work of his partner?
Mahnhold: It always has to be weighed whether company interests are affected. This can also be the case, for example, if someone has an affair with a customer. In individual cases, it can be difficult to bring workers' personal rights with the company interest. But one thing the boss can not do is to favor his partner over others.
SPIEGEL : And if he does?
Mahnhold: Then threaten warning and termination. The love must be kept away from the company. Often, it makes sense if everyone involved thinks about whether switching to another job in the company can help.
SPIEGEL: Do I have to tell my boss about the relationship at all?
Mahnhold: No. Love may be kept secret. But here, too, if the economic interest of the company is endangered, one should look for the discussion with the executives and think about a solution.