Dismissal: Beware, these behaviors can cost you the job

A behavior-related termination is the receipt for bad behavior.

But which actions and mistakes justify a dismissal?

A lawyer explains.

Most employees are probably afraid of being given notice.

Long periods of unemployment are often threatened, especially in regions with a poor labor market.

The consequences: high financial losses.

A termination also affects those affected on the mind, many then doubt themselves and they feel worthless. 

But

particular

can be prevented from the outset, as a lawyer for labor law shows.

Andreas Baier from the Baier-Depner law firm explains to the BusinessInsider career portal when a conduct-related dismissal is justified at all.

Mistake 1: Violation of the employment contract

What counts first and foremost is what is stipulated in the employment contract.

In any case, read your employment contract carefully, because employees must adhere to these guidelines in order not to risk dismissal.

Error 2: Not following the boss's instructions

"In addition, the employer has the

to issue

according to Section 106 GewO, through which he can organize the activities of his employees," reports Baier.

Your boss can therefore determine the

, unless it is regulated in the employment contract, the works agreement or the collective agreement. 

In addition, he can

set up

that employees must follow.

This includes, for example, working hours until when you have to call in sick or hand in the sick note from the doctor.

If you insult your colleagues, the boss may intervene, just as if you do your job badly or fail without excuse.

"That would be violations that could entitle the employer to a termination *," reveals the specialist lawyer.

Also read

Video: is it allowed to quit due to illness?

More on this:

 Termination due to frequent illness - Can my boss do that?

Reasons for a conduct-related termination:

If, for example, an employee frequently makes the following missteps, these can be

:

• Working time and expense fraud,

• Refusal to work (with justified exceptions, see below),

• come too late or go too early,

• unexcused absence,

• "Celebrating sick",

• Internet surfing and private cell phone use at work (if it gets out of hand or is prohibited by contract),

• Violations of the company regulations (e.g. smoking, drinking alcohol, accepting large gifts from customers or business partners),

• Insult or bullying,

• sexual harassment,

• Working for the competition,

• Theft,

• Disclosure of official secrets. 

When can I refuse to work?

If your supervisor assigns you a job, you must always obey it - unless the task is in 

• against

  contractually regulated agreements

  , 

• against

  morality

  or 

• against

  laws

  .

For example, if you have been hired as a branch manager and are only supposed to clean all at once, this could be a case.

Because as a branch manager, you only have to perform tasks that are typically intended for this. 

But before you refuse to work, Baier urges caution, because employment contracts often contain

or

clauses

.

Also interesting:

Do you need three warnings before you can cancel?

Before the dismissal occurs, superiors usually have to issue a warning.

However, many employees still think that they only have to fear dismissal after the third warning.

But the Fachanwahlt confirms:

if the employee does not follow the boss's instructions at all. 

In severe cases, there is even a risk of termination without notice, for example in the event of

,

or

.

"When it comes to the property of the company, great caution is required, even if these points have been softened a little by the case law," says Baier.

But the specialist lawyer also adds: "The Federal Labor Court demands a comprehensive weighing of interests so that the individual case must always be considered."

A behavior-related dismissal is not that easy for the manager.

Read about this: 

Termination of an employment contract: These are the most important rules and deadlines.

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* merkur.de is part of the nationwide Ippen central editorial network.

From Andrea Stettner