An employer can dismiss an employee due to culpable actions or omissions. This means that the employee has done or failed to do something so serious that the employer can no longer be expected to continue the employment relationship. However, an employer cannot just present this as a reason for dismissal: the court strictly assesses whether this is justified.

In this article, we explain when one can be accused of culpable actions, what the consequences may be, and how you can defend yourself.

What is culpable action or omission?

Culpable action or omission is when an employee shows deliberate or seriously irresponsible behavior. Examples include:

• Repeatedly arriving late or absent without reason.

• Refusing reasonable requests from the employer.

• Violating safety regulations.

• Breaching confidential information or secrecy.

• Unprofessional or disrespectful behavior towards colleagues or customers.

👉 Not every mistake or incident is culpable. It must involve serious or repeated behavior.

When can dismissal follow?

A judge considers the following in their assessment:

1. The severity of the behavior.

2. Whether the employee has been warned.

3. Whether a improvement trajectory has been offered.

4. The consequences for the organization.

Only if the employer can prove this, can the employment contract be dissolved.

Immediate dismissal or through the court?

• In case of very serious culpable behavior (for example theft, fraud, aggression) immediate dismissal can follow.

• In other cases, the employer must go to the district court to dissolve the employment contract.

Dismissal compensation in cases of culpable action

• In case of “normal” culpable action, you are entitled to the transition payment.

• In case of serious culpable action, the judge can decide that you do not receive a transition payment.

• In exceptional cases, unemployment benefits can also be refused.

Examples from practice

• Example 1: An employee was consistently late, despite warnings. The judge ruled that this was culpable and dissolved the contract, but did grant a transition payment.

• Example 2: An employee consistently refused to carry out his supervisor’s instructions. This was seen as seriously culpable: no transition payment.

• Example 3: An employee made a serious mistake, but had always performed well and had not previously been warned. The court rejected the dismissal.

Checklist for dismissal due to culpable action

• 📄 Ask the employer for concrete evidence.

• ⚖️ Check if you’ve been warned before.

• 📝 Check whether an improvement trajectory has been offered.

• 💶 Check if you are entitled to a transition fee.

• 📞 Have your case reviewed by a labor law attorney.

Common mistakes

• Thinking that a single incident always justifies dismissal.

• Not objecting to an unjust dismissal.

• Forgetting that the employer needs to build a case.

• Too quickly agreeing to a Settlement Agreement without negotiation.

Frequently Asked Questions (FAQ)

1. What is the difference between culpable and seriously culpable behavior?
In case of seriously culpable behavior, your right to a transition payment disappears.

2. Should the employer warn me first?
In most cases yes, except in case of very severe conduct.

3. Am I entitled to unemployment benefits in case of dismissal due to culpable behavior?
Sometimes yes, but in case of seriously culpable behavior, this can be denied.

4. Can I contest a dismissal due to culpable behavior?
Yes, you can go to the district court or negotiate about a Settlement Agreement.

5. Does a lawyer help in such cases?
Yes, a lawyer can defend and often ensure the retention of compensation or unemployment benefits.

Why Arslan Lawyers?

• Specialized in dismissal and labor law

• Checking if culpable actions are justifiably being presented

• Litigation through the court or negotiation via Voluntary Separation Agreement

• Regularly achieving higher compensations or restoration of employment

Conclusion

Dismissal due to culpable acts or omissions is only possible in severe and demonstrable cases of culpable behavior. Often the employer needs a file and you need to have been warned first. As an employee, you often have strong defenses.