A specialist physician was hired as head of gynecology in a hospital at the end of 2009. He assured the employer in writing that no criminal proceedings were taking place against him, and undertook to report any future proceedings or convictions. The fact that a criminal case was pending against him due to a negligent killing of a newborn in 2002, which ended in 2010 with a conviction for a fine, was retained for himself.
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When the new employer learned from the media, he announced to the chief physician, whereupon he complained. The labor court gave him the right. In the appeal proceedings, the employer succeeded: the Landesarbeitsgericht regarded the concealment as a breach of trust, so the employer could not be expected to continue the employment. The doctor should have realized how important the employer is to a good reputation - especially in a senior position. In addition, the criminal offense is closely linked to its activity.
Judgment: National Labor Court of Hesse (7 Sa 524/11)
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