Claims for damages may also arise in the employment relationship. A distinction is made between three main groups of cases:
More and more employees are employed in the transport sector. But traffic accidents are not a thing of the past. As a general rule, the employee’s liability for damage is limited in the event of negligent fault.
This follows from the case law of the Federal Labour Court. In particular because the earnings are in a large disproportion to possible damage. Read the article by RA Rainer Polzin in GE 9 / 2010, p. 7 ff. on “Liability in the event of traffic accidents”.
Damages and compensation under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG)
It happens that workers are disadvantaged. For example, because of their age, gender or disability. Then they can make claims for damages and compensation. The basis for this is the General Equal Treatment Act (AGG).
Employers must pay particular attention to equal treatment in the publication of job advertisements and in the design of working conditions. Otherwise employers expose themselves to considerable liability risks vis-à-vis applicants. The Federal Labour Court has recently significantly tightened its case law, particularly with regard to discriminatory job advertisements.
Assets offences at the employer’s expense
Employers are repeatedly hit: employees reach into the company’s coffers and cause high losses. In the past, I have handled cases with six-figure losses for employers on several occasions. In addition to pursuing the claim for compensation, the main focus is on foreclosure.
I ensure the successful dismissal of the unfaithful employee. I also check whether existing insurances may cover damages. A criminal complaint is often filed.
I will be happy to advise you at short notice in my office in Berlin-Kreuzberg and clarify whether your legal expenses insurance will cover the costs.