Case law requires an employer who uses long periods of sick leave as grounds for termination to prepare a forecast for the future at the time of termination. In doing so, the employer bears the risk if the prognosis it has drawn up proves to be inaccurate in the legal proceedings.

fwp partner Kurt Wratzfeld and fwp associate Christian Amort examine the question of whether the employer has an obligation to investigate and the employee an obligation to cooperate in their article for ecolex, the specialist journal for business lawyers: