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Why does it sometimes gives no quarter mores


Bei einer falschen Spesenabrechnung reagiert manches Unternehmen 
mit einer Kündigung. Quelle: dpa

With a false expense report some companies responded with a denunciation. Source: Reuters

HB Düssledorf. All of a sudden more and more businesses discover how important they considered their garbage. And that their confidence in their long-time employees lose when they take something that was just intended for that purpose. Theft of half-eaten burgers are, calm ravioli, used cardboard boxes or discarded children’s toys was the allegation. Almost inflationary increase in recent months, the number of such cases, the first court gave the company still right. Although not even criminal charges have been refunded. But slowly germinated suspected that the company actually wanted to save only the compensation for employees who wanted to get rid of them anyway.

Really? Maybe not in family businesses and medium-sized. It is difficult sometimes irrational, "says employment lawyer Jan Tibor Lelley. Here, the owners often have" a very clear feeling from having each box on the farm is his. "


The same researchers have Tom Rüsen from the University of Witten-Herdecke, studied at the Institute for Family Enterprise: "highly emotional reactions of the owners due to the fact that a central foundation of cooperation is put into question: the trust and loyalty." And further: "A cheating a disloyal behavior and personal disloyalty – so why are tough responses." Employees are being seen as an extended part of the family. Rüsen describes: As a hired manager may make a wrong decision will cost the company several hundred thousand euros – this is not as tragic as the hosting account was set up in a business, but in fact it was celebrated the birthday of his wife.

In contrast, corporations are going to be sober, compares the Essenes lawyer Lelley. In particular, if you wanted to get rid of managers without high severance pay: Then unbuttoning someone whose expense reports prior to the last few years and is looking for several years back after an irregularity. If so, then this serves as a welcome opportunity to terminate the manager. Quite frankly then heard miss a candidate – as in the case of a Rhineland chemical company – that one of his charges was unfortunately not found it.

"But the courts have got the trick now pointed and often no longer play with," says Lelley. That Landesarbeitsgericht Rhineland-Palatinate has therefore recently pushed a stop to this practice: manipulation allegations must be securely covered with alleged Spesenbetrug. Special care must be given to the person concerned an opportunity to explain alleged inconsistencies in expense reports, urged the judges (9 Sat document number 614/08).

In family businesses there is often aloud Lelley that "suddenly the nose with the Fremdgeschäftsführer factor is no longer true" – and searched for ways and means will solve the employment relationship. Or the entity is needed, perhaps because there is a junior after completing his education at the door and just to his parents’ company in the post wants. Lelley: "That can happen – no matter how successful a manager is, no matter how popular he is in the workforce, and no matter how well they cope with the works." It then plays everything in doubt no longer relevant.

In such a case recently studied the holder of a world market leader, a "hidden champions", the travel expenses of its managing director. What he found were secretly redeemed Miles & More bonus miles – but not by the manager. His secretary had left for the bonus miles to send her boss a coffee maker for home, even though the miles have been otherwise used solely for the benefit of the company and used as an upgrade. The upshot: The secretary was summarily fired, the Fremdgeschäftsführer went on their own.

And on the lookout for charges against them, it can be sometimes really absurd to tell Lelley. Since only recently threw a company go from Westphalia to his sales manager, he has had in three days to wash his car twice – that could not have happened right here. He was certainly one of his wife washed the car at company expense, speculated the company owner. The manager, however, defended himself against his summary dismissal, and argued in court that he had customer meetings in the Allgäu, and wash the car had to go there, just because it had become dirty. The judges certainly believed him.

And the first Labor can no longer go through layoffs because angebissener Nittigritti meatballs and the like. In any case, if the employee has spent many years was employed – then the dismissal disproportionate (National Labor Court of Mannheim, is document number 13 Sat 59/09).