The Protection against Dismissal Act (KSchG) allocates the responsibility for a personal and
behavioural disruption to the employee. In practice however it happens that both parties to
the employment contract have contributed to the disruption. This paper examines the extent to
which the employee bears the risk for the employer's misconduct. The consequences of the
employer's responsibility for the right of termination are analyzed. The employer's
responsibility does not automatically lead to an exclusion of the right to terminate. However
the employer's responsibility can make it more difficult to pursue the right of termination.
The standard for weighing interests must be modified.
