Extraordinary termination due to assault on a superior

Lower Saxony Regional Labor Court, August 25, 2025, Ref.: 15 SLa 315/25

Assault against coworkers regularly justifies termination for conduct-related reasons, even without prior warning. The Lower Saxony Regional Labor Court clarifies that extraordinary termination without notice may even be justified if the assault did not involve significant use of force.

Facts of the case

An employee got into an argument with his supervisor after the latter pointed out that he had disregarded a company ban on the private use of cell phones. Specifically, the employee responded to his supervisor with the words "Get out of here," pushed him with his hand against the shoulder, and kicked him – only lightly – in his direction. The employer then terminated the employee's employment without notice. The employee objected to the termination on the grounds that it was disproportionate; he claimed that he had been provoked and that a warning would have been sufficient.

Decision

The court considered the dismissal to be valid. It based its decision primarily on the fact that assault constitutes a significant breach of the duty of consideration under Section 241 (2) of the German Civil Code (BGB). The plaintiff had behaved disrespectfully toward his supervisor and used physical violence. His address alone constituted significant misconduct, which was significantly exacerbated by the shoving and kicking. In particular, the kicking, even if slight, showed a disregard for the supervisor that was unacceptable to the defendant.

A warning was unnecessary because the physical attack on a coworker constituted a serious breach of the ancillary obligations under the employment contract. The employer was not only obliged to ensure that all employees were not exposed to physical violence, but also had its own interest in ensuring that cooperation within the company was not impaired by physical altercations and that employees did not take sick leave due to injuries. In the case of physical assaults between colleagues, a warning is not normally required before dismissal, as the employee knows from the outset that the employer disapproves of such misconduct. This applies without restriction to serious physical assaults; however, even in the case of a minor physical assault, the employee cannot expect the employer to accept his behavior, even for the first time.

According to the decision of the Lower Saxony Regional Labor Court, the question of whether there was another employment opportunity did not arise due to the risk that the plaintiff would behave in a similar manner toward colleagues at another workplace. The extraordinary termination without notice was therefore upheld.

Practical note

For employers, the following applies: Assault generally justifies extraordinary termination without notice, without the need for a prior warning. Nevertheless, careful documentation of the incident and a structured examination of the individual case remain crucial; this includes, among other things,

• immediate factual clarification (interviewing witnesses, securing video or other evidence), in particular in order to be able to meet deadlines (two weeks from knowledge in the case of termination without notice),
• consideration of milder measures based on, for example, provocation, self-defense, a one-time lapse, long trouble-free employment, etc. These may influence the measure, but usually do not negate the severity of the assault.
• Consider suspension to avoid further escalation.

Anyone who physically attacks their superior violates the foundation of trust in the employment relationship in a way that generally warrants extraordinary termination. Nevertheless, it remains essential to clarify the facts and weigh up the interests involved.