When the fun can cost the job

April April!

Why jokes in the office can cost the job

Some jokes marked the 1st April red in the calendar – this year he falls on a Tuesday. But employees should think carefully about whom and above all who they are joking.

“There is no right to do April Fools, or a legal exception for April 1,” says Tjark Mensen, head of the legal department of the German Trade Union Confederation.

Sentences like “I was promoted!”, “The boss loves the intern!” or “the company is bankrupt!” can trigger a strong reaction. But they don’t always have the desired effect as an April Fool’s joke.

“Fun at the workplace is necessary to strengthen the social structure in the workforce,” says Mensen. “But you should only make a joke with someone with whom you otherwise get along well.” You should also be sure that they understand fun.

Otherwise the action can backfire. In the worst case, a bad joke can even cost the employee the job. An example: “If someone is so misunderstood with work colleagues that nobody wants to work with them anymore, this can be a reason for termination,” says Menssen.

“Avoiding employees who contain insults or damage third parties should avoid,” says Alexander Bredereck, specialist lawyer for labor law in Berlin. Also jokes with a discriminatory character should be left. “The person concerned then may have claims for compensation and compensation for compensation for the employer,” says Bredereck and refers to the general equal treatment law.

Tjark Menssen also strongly advises against pronouncing termination as a joke. “The same applies to further jokes with cost consequences for the employer.” For example, the announcement: “From 2 p.m. there is free of work.” If employers incurred costs for such jokes, they can claim claims for damages to the cause.

Employees should also fail to pretend to be another person – such as customers as a boss. This goes in the direction of identity theft and can also lead to a warning or termination without notice.

As an expert in the right of termination, Alexander Bredereck end up with several cases of April Fools and jokes that went wrong and, in the worst case, even led to a notice of termination. “It is partly because the joke actually caused damage to someone because he behaved differently due to false information,” he says.

“But partly understanders understand, partly, also deliberately wrong because they already had someone on the Kieker and want to use the joke as an occasion for a termination,” says Bredereck. In any case, employees make themselves vulnerable when they tear jokes or play other pranks. “So if you hang on your job, you should be careful,” advises Bredereck.

Anyone who realizes that their own joke was badly misunderstood or injured someone should apologize immediately according to Bredereck – for everyone involved. If the manager is not present at the apology, employees should proactively consult them.

An apology can have a positive effect on a possible decision before the labor court – for example if a termination is negotiated. There are cases in which a judgment was mitigated because a person immediately apologized for their behavior. However, this has to happen quickly – before a manager has formulated his counterparts, the labor law expert says.