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Gross Misconduct Dismissal Letter
"I need a Gross Misconduct Dismissal Letter for immediate termination of a senior IT manager who was found to have deliberately shared confidential client data with competitors; we need to ensure strict confidentiality provisions and include reference to our works council consultation completed on January 15, 2025."
1. Letter Header: Company letterhead, date, and formal addressing of the employee including their full name and address
2. Subject Line: Clear indication that this is a termination notice for gross misconduct (Außerordentliche Kündigung aus wichtigem Grund)
3. Notice of Immediate Termination: Clear and unambiguous statement of immediate employment termination with reference to §626 BGB
4. Description of Misconduct: Detailed description of the specific misconduct, including dates, times, and circumstances that justify immediate termination
5. Legal Grounds: Reference to relevant employment contract clauses, workplace policies, and legal provisions that have been violated
6. Return of Company Property: List of company property that must be returned and the process for doing so
7. Final Payment Information: Information about final salary payment, outstanding vacation days, and other financial settlements
8. Legal Notice Section: Information about the employee's right to challenge the dismissal and the applicable deadline (three weeks under the KSchG)
9. Signature Block: Company representative's name, title, and signature
1. Garden Leave: Include when the employee is being placed on garden leave during their notice period or any remaining employment time
2. Non-Compete Reminder: Include when the employment contract contains post-employment restrictions that remain in effect
3. Works Council Statement: Include when a works council exists and has been consulted, stating their position on the termination
4. Reference Letter Notice: Include information about the employee's right to receive a reference letter (Arbeitszeugnis)
5. Settlement Offer: Include when the company wishes to propose a mutual termination agreement to avoid potential legal disputes
1. Evidence Documentation: Copies or references to evidence supporting the gross misconduct allegations
2. Previous Warnings: Copies of any relevant previous warnings or disciplinary actions
3. Company Property List: Detailed inventory of company property to be returned
4. Final Settlement Calculation: Detailed breakdown of final payment calculations including salary, vacation days, and other benefits
5. Handover Protocol: Template for documenting the handover of duties and company property
Authors
Manufacturing
Financial Services
Technology
Healthcare
Retail
Construction
Professional Services
Transportation
Education
Hospitality
Energy
Telecommunications
Public Sector
Media and Entertainment
Automotive
Human Resources
Legal
Compliance
Senior Management
Employee Relations
Personnel Administration
Corporate Governance
Internal Audit
Risk Management
HR Manager
Legal Counsel
Compliance Officer
Department Manager
HR Director
Managing Director
Employment Law Specialist
Personnel Administrator
HR Business Partner
General Counsel
Chief Human Resources Officer
Employee Relations Manager
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