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A little white lie here, a little fib there – who takes the truth so seriously? Employees sometimes have to expect serious consequences at work.
Around 45 percent of the working people surveyed occasionally resort to a white lie at work. This is the result of a survey by the opinion research institute YouGov (2020), which the portal Arbeitsabc reported. Only eight percent resort to lying on a large scale to gain an advantage at work. But what consequences can this have for employees under employment law?
Lying in the workplace: Which lies are allowed?
If lies are discovered in the workplace, dismissal can be the result. © Wolfilser/Imago
If, for example, an applicant is asked in an interview whether she is pregnant, this is an inadmissible question. This raises the possibility of gender discrimination. Employers have no right to obtain this information. If you lie to such a question, you may not face any negative consequences later on. The exception is a position that is advertised as maternity cover. Other inadmissible questions cover areas such as marital status, partnership, marriage or political beliefs.
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How often do people lie per day?
The number of 200 lies a day is a persistent assumption. This assumption was estimated many years ago by Jerry Jellison, then a psychologist at the University of Southern California, according to Matthias Gamer, Professor of Experimental Clinical Psychology at the University of Würzburg, to Ardalpha.de. Gamer researches lies and says ARD Alpha: “It is now assumed that people lie on average about twice a day.”
Depending on the job, there are exceptions to the prohibited questions. The state of health remains a private matter – but there can be exceptions if, for example, an HIV-infected person applies for a position in the medical profession, reports Guido Völkel, specialist lawyer for employment law toT3n.de.
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What are the consequences of lying illegally at work?
Depending on the lie and its severity, an “irreparable loss of trust” can occur, the portal informs Agrarheute.com. In serious cases, termination without notice and without prior warning is possible, according to the portal. In principle, employees are obliged to tell the truth.
“If the employee lies about the completion of work tasks, this can justify ordinary dismissal, and in the case of serious violations, extraordinary dismissal,” says Völkel at T3n.de. If employers notice the deception, they have one year from the time it becomes known to contest the employment relationship. This is possible, for example, if lies are told about professional history, references or qualifications.
If, for example, business secrets have been passed on to the competition, a warning is usually not required – the employee can be dismissed without notice, reports Arbeitsrechte.deOther breaches of trust could include time fraud, suspicion of criminal activity or theft or fraud. However, it always depends on the individual case, so Arbeitsrechte.deIf lies are discovered, warnings and regular or extraordinary terminations are possible.
