Drohender Jobverlust: Vorsicht, Falle! Wie Führungskräfte ihre schleichende Degradierung erkennen – und gegensteuern
Wenn Arbeitgeber unliebsame Manager ohne hohe Abfindungen loswerden wollen, greifen sie oft zu Tricks. Die wichtigsten Warnsignale und juristischen Gegenmaßnahmen.
The headline reads: Drohender Jobverlust: Vorsicht, Falle! Wie Führungskräfte ihre schleichende Degradierung erkennen – und gegensteuern
A manager suddenly has important decisions made without his knowledge and official personnel and budget cuts are imposed. This should be a clear warning: his job is at risk. The degradation and demotivation tactics used by employers are intended to force a resignation contract and an exit from the company, says Christoph Abeln, a Berlin-based labor law attorney who primarily represents executives in legal disputes.
Companies prefer to avoid high severance payments and instead resort to nasty methods to let go of executive staff. And the most dangerous form of this is invisible, according to Abeln. Instead of public degradation and humiliation, there is a hidden disempowerment that may at first glance seem like a promotion or reward. In his book "From Career Slump to Comeback", Abeln has compiled the most common termination tactics used by employers and tips on how to defend oneself.
Nils Schmidt, a labor lawyer and head of the Association of Specialized and Executive Professionals (DFK), confirms the high relevance of the topic. "We frequently deal with seasoned executives from all industries who are being subtly pushed out of companies." The two attorneys explain how to recognize a gradual dismissal and what countermeasures to take in each case.
Warning signal 1: Promotion to CEO A long-serving department head, who had been working in a company for nearly 30 years, was thrilled to be promoted to CEO. He finally achieved the pinnacle of his career, signing a contract without hesitation. Danger: With the promotion, the termination protection ended. The new contract replaced all previous rights.
"Business executives are not classic employees," says labor lawyer Abeln, who represented the case. "They can be fired at any time, have no claim to bonuses or severance." Three months after Meier's appointment, the company fired him without notice. Countermeasure: Before accepting the new CEO contract, check not only the compensation arrangements but also the safeguard measures.
DFK attorney Schmidt advises: "Best not to give up your old employment contract, but agree to keep it dormant." If the appointment is revoked or the CEO contract is terminated, this original contract comes back into effect. Alternatively, special termination protection, a return clause, and severance should be agreed upon in the new CEO contract.
No matter what, the attorneys agree: "If the employer resists, that's a sign that it's not about a promotion, but about the removal of the termination protection." Warning signal 2: New Double Header An experienced department head in investment banking at a large German bank is suddenly given a co-manager to his side in his mid-40s.
The equally ranked executive resembles his previous managing director in terms of career history and age. Danger: Shared responsibility? How modern! Reacting with enthusiasm to this, one underestimates the new situation. "Such a double header is not always a caring gesture by the employer, but serves a subtle disempowerment," says labor lawyer Schmidt.
Caution is advised if the new co-chief reports directly to the immediate superior. "This is a popular way to initiate dismantlement," adds Abeln. In practice, an unsolicited double header leads to declining power, competency overlaps, and intense internal competition. This is never without consequences: The one who loses the silent competition usually has to go.
This was also the case in Abeln's case in the bank: The original department head was eventually deemed unnecessary and a termination contract was to be accepted. Countermeasure: "Do not accept the installation of a double header reactively," advises Abeln. He recommends demanding the verbatim employment contract in writing and additionally ensuring a clear delineation of responsibilities for both co-chefs.
"Furthermore, confirm that your reporting line - say to the board - remains unchanged." Nevertheless, the manager should document all further developments for safety's sake. A chronological record is important, should it come to a court dispute, including who took away what from him, what meetings he was excluded from, and what instructions he received.
"The full documentation of your disempowerment strengthens your position," says the attorney. Judges took this so-called "life experience" into account when making their decision. Warning signal 3: Relocation abroad At a technology company, a 60-year-old department head is told by the production manager that he is being transferred to Mumbai.
The engineer was surprisingly surprised, having worked in the company's German headquarters for 25 years, but it also held its appeal. Danger: Behind the relocation abroad after the age of 50 is all too often a carefully packaged disempowerment. "If you agree, you are most likely to experience a termination during your absence without having been informed beforehand," says Schmidt, who often deals with such cases.
If one relies on the employer's goodwill after returning, one risks unemployment. Countermeasure: "Only agree to the overseas posting if you are willing to accept it."
Written by urgent.news from Handelsblatt's reporting — not their text. Machine-written — it may contain errors, so check the original before relying on it.