Kündigungsgründe 2 - Arbeitnehmer bringt schlechte Leistung (Lowperformer)

Summary

In this video, labor lawyer Alexander Bredereck discusses the concept of low performers in the workplace, distinguishing between measurable and subjective performance metrics. He highlights the challenges employees face when their performance is misjudged by supervisors, particularly in creative fields where success is hard to quantify. Bredereck explains employees' rights regarding termination, emphasizing the importance of understanding legal protections. Through practical examples, he illustrates what constitutes low performance and urges employees to proactively engage with their performance evaluations and seek legal advice if necessary, promoting awareness of their rights in the workplace.

Takeaways

• 😀 Low performers are often misunderstood due to subjective evaluations of performance.
• 😀 Measurable roles, like assembly line jobs, allow for clear identification of low performers.
• 😀 Employees may be categorized as low performers if their output is significantly below the average.
• 😀 The burden of proof lies with the employee to demonstrate they have made efforts to improve performance.
• 😀 In intellectual jobs, such as law or journalism, performance metrics are less quantifiable.
• 😀 Subjective assessments can lead to challenges in justifying terminations based on performance.
• 😀 Employers need to document performance issues thoroughly to defend against wrongful termination claims.
• 😀 Employees should seek legal advice if facing potential dismissal due to performance concerns.
• 😀 There is a common misconception about what constitutes poor performance in various job types.
• 😀 Engaging with legal channels, like filing a protection lawsuit, can provide recourse for employees.

Q & A

What is the main focus of the video?

The video discusses the concept of low performers in the workplace, specifically how their performance can lead to potential termination.

How does the speaker define a low performer?

A low performer is defined as an employee whose output is significantly below the average, which can be objectively measured, such as on a production line.

What examples does the speaker give for measuring performance?

The speaker uses the example of workers on an assembly line who are expected to produce a certain number of items per hour to illustrate measurable performance.

What challenges exist in assessing performance for knowledge workers?

Performance for knowledge workers, such as lawyers or journalists, is often subjective and difficult to measure, making it harder to classify them as low performers.

What should an employee do if they believe they are being unfairly categorized as a low performer?

Employees should seek legal advice, particularly through a Kündigungsschutzklage (termination protection lawsuit), to challenge the grounds for their termination.

What is the significance of demonstrating effort in performance evaluations?

An employee must prove they have made every effort to meet performance expectations to defend against a dismissal based on low performance.

What legal recourse is available to employees facing termination for performance issues?

Employees can file a Kündigungsschutzklage to contest the validity of their termination and potentially negotiate better outcomes.

How does the speaker view the role of subjective assessments in performance evaluations?

The speaker argues that subjective assessments, particularly in knowledge work, can lead to unjust conclusions about an employee's performance.

What final recommendation does the speaker make regarding terminations?

The speaker suggests that employers often resort to operational layoffs as a last resort and highlights the importance of valid reasons for termination.

What does the speaker invite viewers to do at the end of the video?

The speaker encourages viewers to subscribe to the channel and share their questions or comments regarding termination issues.