Dismissing an employee because a customer can't get along with him? Sometimes it works

The fact that a client no longer wishes to work with a particular employee is, in principle, not a valid ground for dismissal — that is a business risk. Nevertheless, under exceptional circumstances, it can indeed lead to dismissal, for example, if a significant client interest and an unworkable situation coincide.

Usually no grounds for dismissal

The basic principle is clear: if a client refuses to continue working with an employee or even with your company, this is, in principle, a risk that you bear. As a good employer, you must make every effort to retain the employee, for example through reassignment or mediation. Pressure from a client alone does not justify dismissal.

Sometimes it works after all

In exceptional cases, the situation may be different. If the client is so important that survival or a significant portion of turnover is at stake, and reassignment is impossible, the court may, under certain circumstances, order dismissal — for example, on the grounds of a disrupted employment relationship (ground g) or the residual ground (ground h). Every case is different.

What do you need to be able to demonstrate?

You must demonstrate that you have made an effort to resolve the situation: discussions with the client and the employee, an attempt at reassignment, and substantiation of the compelling interest. Without that effort, the judge will almost certainly reject the dismissal.

Often wiser: an arrangement

Because the outcome is uncertain, termination by mutual consent via a settlement agreement is often the calmest route. This allows you to avoid proceedings with an uncertain outcome.

Frequently Asked Questions

Am I allowed to dismiss an employee because a customer demands it?

In principle, no; that is a business risk. Under exceptional circumstances, involving significant customer interest and without the possibility of reassignment, it is sometimes possible.

What should I do first?

You must make an effort to retain the employee, for example through mediation or reassignment, and be able to demonstrate this.

What is the safest route?

Often a settlement agreement, because the outcome of proceedings is uncertain.

A difficult dismissal situation?

Our legal experts and lawyers assess your chances and draft a settlement agreement . View our employment lawteam or schedule a free consultation.