Companies Bear the Burden of Proof: Aaden Detectives Frankfurt Provide Support

Before terminating employment due to employee misconduct, companies carry the burden of proof. Aaden Commercial Detective Agency Frankfurt conducts investigations: +49 69 1201 8454-0.

Rare but Possible: Proven Misconduct May Be Based on Misunderstandings

Our investigators in Frankfurt repeatedly encounter cases in which neither party—neither employee nor employer—is actually at fault. In such situations, negligence, communication difficulties, misunderstandings, and overreactions can lead to opposing positions, even though there was initially common ground and the root of the conflict lies in human error rather than intentional fraud.

Case Example of Misunderstandings in Business Operations

A typical example that can occur across various industries: Shortly before the end of the workday, an employer realizes that documents for a presentation the next day still need to be prepared, and regular working hours will not suffice. An employee offers to complete the documents that evening but wishes to do so at home, as they have a personal appointment after work and cannot stay at the office. They propose bringing the documents the next morning. The employer agrees. Incidents of this kind occur more frequently over the following weeks and months. The employee repeatedly takes urgent tasks home to complete after regular working hours. After about six months, the employer notices that the employee is claiming more hours in their time records than were apparently worked. The employer accuses the employee of payroll fraud and terminates the employment without notice.

In reality, the discrepancy in recorded working hours resulted from the office work completed at home. In this case, a clarifying discussion with the employee would have been appropriate. It would have revealed that the employer considered the work done at home to be voluntary and unpaid overtime, while the employee recorded those hours as working time performed for the company. Thus, the conflict arose from a misunderstanding that led to distrust.

After the Investigation: Termination Without Notice, Warning, or Clarifying Discussion?

A conversation with the employee after uncovering any irregularities in accounting or work behavior through our Frankfurt detectives is advisable in any case. More severe measures such as formal warnings or termination can still be taken if the discussion does not resolve the conflict. It should also be noted that in situations where the question of guilt and suspicion has not been clearly established, a dismissal may be rejected in dismissal protection proceedings simply because the employee was not given the opportunity to be heard.

Therefore, it is always advisable—also for your own legal protection—to seek a discussion with your employee before taking labor law measures. The evidence gathered by the commercial investigators of Aaden Detective Agency Frankfurt serves as a solid basis for argumentation in such discussions.