Fictional Expenses – Termination!
Expenses fraud – no matter how high – an immediate termination is justified! A sales representative for a food wholesaler in the Stuttgart area was long suspected of expenses fraud. In March 2008 the Executive Board turned on then our detective agency, to check the matter discreetly. Three of our detectives observed the field staff to a total of five days and documented all routes without a single break and visited companies with the exact time. Also starting work and after-work documented fully and meticulously. After the filing of the following expense, a difference of 11.25 hours and 662 not kilometers at the expense of our clients turned out in just one week. This expressed the immediate termination of the sales representative and called our costs as costs of necessary evidence according to 91 ZPO. Before the Landesarbeitsgericht Nuremberg, as the final arbiter, the field then stated his Expense from memory”to have made out. Result: Confirms the judgment of the Court.
Termination without notice remains. Detective costs must be covered at 80%. Expenses fraud no matter how high, is not a trivial offence and justifies a termination without notice in any case so the judges in their judgment. The Court for a week looked at the detective costs observation as appropriate; only included VAT, which our client had asked with, was not recognized by the Court as recoverable, since our client as a trader is Yes to tax deductible..