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Well-intentioned advice: Speech is silver, silence is golden – exercise caution when providing voluntary information in connection with deferred compensation schemes – a liability trap
Liability for advice and information in the employment relationship: It is generally well known that an employer is treading on thin ice when they begin to comment on complex topics such as those relating to social security law – and for this reason, most employers are likely to exercise caution in this regard. But what happens if the employer fails to address a potentially relevant issue at all, and this ‘failure to provide information’ results in disadvantages for the employee? If necessary information is not provided, the employer may have to compensate the employee for any resulting disadvantages, which can have significant financial consequences if a large number of employees are affected. This can, of course, also apply to incorrect information regarding short-time working allowance.
Ms Loos, a solicitor, has published a discussion of the Federal Labour Court’s judgement of 18 February 2020 (3 AZR 206/18) on this subject in the Deutscher AnwaltsSpiegel.
Read the full article in the latest online edition of the Deutscher AnwaltsSpiegel:
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