unreasonable continuation of employment: Sexist WhatsApp Messages Lead to High Severance

The court found that the unreasonable continuation of employment was justified after sexist WhatsApp messages rendered the work situation intolerable.

Background of the Case

In a recent decision of the Bonn Labor Court (Az. 1 Ca 456/24), the issue was whether the employment relationship remained reasonable for the employee after such incidents and what severance would be appropriate.

The plaintiff had been employed since November 2019 by the defendant as an office employee with an assistant function for management. Her monthly gross salary was 7,744.75 euros. The business regularly employs more than ten staff members.

Starting Point: WhatsApp Communication with the Managing Director

In February 2024, several WhatsApp messages from the managing director to the plaintiff were both sexist and insulting. The messages included, among others:

• Requests to adjust clothing and physical characteristics for a customer visit
• Insults such as “stupid woman”, “ugly face”
• Threats of labor-law sanctions, including home-office obligation and salary reduction
• Demand for return of previously gifted items, including company car, fuel card, and jewelry

The plaintiff responded respectfully to these messages but rejected private advances. Shortly thereafter, the employment relationship was terminated effective March 31, 2024.

Issues in Court

The plaintiff requested:

1. Termination of the employment relationship in exchange for severance payment
2. A qualified reference letter
3. Alternatively, continued employment if termination is not granted

The defendant argued:

• Continuation of the employment relationship would be reasonable
• Alleged breaches of duty by the plaintiff justified the dismissal
• The severance demand is excessive; at most a “standard severance” of approximately 15,500 euros would be appropriate

Decision of the Labor Court

unreasonable continuation of employment: When Work Becomes Intolerable

The court decided that the continuation of the employment relationship would be unreasonable for the plaintiff. The decisive points were:

1. Serious violation of personality rights
   The sexist, insulting, and threatening messages exceed what is still acceptable in an employment relationship.
2. Abuse of the managerial position by the managing director
   The threats regarding home-office, salary reduction, and return of gifts show that private conflicts of the managing director were brought into the employment relationship.
3. Reasonableness versus social impropriety
   It is not enough that the dismissal is socially unjustified – additional circumstances must exist that make continuation unreasonable. Here, the messages and the behavior of the managing director sufficed.
4. No relevance of the prior private relationship
   The fact that there had previously been a longer-term, partly friendly and flirtatious communication does not mitigate the employer’s misconduct.

The unreasonable continuation of employment was thus established.

Severance

The court set the severance at 68,153.80 euros gross. Basis of calculation:

• Two months’ salary per year of employment
• Taking into account length of service and severity of the misconduct

The 70,000 euros initially demanded by the plaintiff were slightly adjusted.

This amount reflects the unreasonable continuation of employment suffered by the plaintiff.

Important Labor Law Insights

1. WhatsApp and digital communication: Labor-law reasonableness can also be affected by private messages if they exceed the bounds of respectful conduct.
2. Abuse of power: Managing directors may not resolve private conflicts through employment-law measures.
3. Severance and satisfaction function: In cases of serious employer misconduct, the severance can also serve a compensation-like function.
4. A request for continued employment is not contradictory: A subsidiary request for continued employment in a dismissal protection proceeding does not oppose a request for termination.

Conclusion

This ruling clearly shows: Employers who allow private conflicts, sexist, or offensive communication to enter the workplace risk that continuation of the employment relationship becomes unreasonable – even if previous job performance was positively evaluated. Such a situation can lead to a high severance that compensates for the loss of the job and the personal harm suffered – for more on the legal levers regarding inappropriate employer behavior, read our in-depth post.

Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.