LAG Düsseldorf (Regional Labour Court), verdict of 11th November 2025 - 15 SLa 699/24

Facts of the case

The parties dispute the validity of the plaintiff’s ordinary termination.

The plaintiff had been employed by the defendant since 2020. He already received two warnings: one for allegedly leaving his workplace, and one for insulting his supervisors. On August 24, 2024, a conflict arose with his new supervisor. The defendant claims that the plaintiff ignored her instructions and insulted her (“You f…ed the mother of the shift”). The plaintiff disputes this and states that he said in Turkish, “You made the shift mother cry,” which was meant to express critical pressure in the shift but was misunderstood. The defendant terminated the employment relationship effective October 31, 2024.

The labor court dismissed the plaintiff’s wrongful dismissal claim, but the regional labor court upheld it on appeal. A further appeal to the Federal Labor Court was not admitted.

Reasons for the decision

The chamber examined the events by taking evidence through the questioning of witnesses. It concluded that it was proven that the plaintiff made the statements essentially as described by the defendant. However, the witnesses’ statements showed that the remarks were not intended or to be understood as serious, personally degrading insults. Rather, they constituted criticism expressed in vulgar language, relating to the way the shift was managed. In view of the specific circumstances of the conflict and after weighing the mutual interests, the chamber considered the issuance of a dismissal to be disproportionate.

Conclusion & practical tip

Vulgar or emotionally expressed criticism of supervisors is not automatically a reason for dismissal—especially if it targets work processes or management style and is not intended as a personal insult. Employees should still ensure that criticism is formulated objectively and clearly, and that conflicts are addressed as calmly as possible to avoid misunderstandings. Employers, in turn, should assess the proportionality of any disciplinary measures and distinguish between personal insults and legitimate criticism.

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Further blog posts on the topic: Invalid Termination​​ and  Immediate Dismissal