Private chats at work: When can they lead to dismissal?

Current case law shows: Even private messages can have employment law consequences

The line between private and professional life is becoming increasingly blurred in the digital world. Many employees assume that their private messages have no impact on their employment relationship. However, this assumption can prove to be a dangerous misconception, as a recent ruling by the Federal Labor Court demonstrates.

The precedent: WhatsApp group becomes a disaster

In 2023, the Federal Labor Court (BAG) had to decide on a case that should serve as a warning to many employees (case number: 2 AZR 17/23). An employee was a member of a WhatsApp group with, at times, up to seven former and current colleagues from his company. Several hundred offensive and degrading statements were shared in this group – some with direct reference to the work environment as well as to colleagues and superiors.

When the employer became aware of these messages, he issued a notice of termination without notice. The employee in question defended himself, arguing that the exchange was purely private.

The legal assessment: When is "private" really private?

Expectation of confidentiality in larger groups

The Federal Labor Court clarified that confidentiality cannot automatically be assumed for a group of seven people. The judges argued that with this group size, it was to be expected that messages could be leaked. A legitimate expectation of confidentiality would have required specific explanation from the plaintiff.

This decision contrasts with the original opinion of the Lower Saxony State Labor Court, which initially took the position that termination without notice was not justified because the communication was to be considered confidential.

Extraordinary termination without warning

Particularly noteworthy: The Federal Labor Court also upheld the termination without notice and without prior warning. As Peter Meyer, a specialist in labor law and member of the executive committee of the Labor Law Working Group of the German Bar Association (DAV), explains: "The Federal Labor Court assessed the volume of racist and abusive messages to such an extent that no warning was necessary." Through the numerous messages, the employee demonstrated that he was incorrigible.

The usual case: warning before termination due to private chats

Standard procedures for problematic messages

In most cases, problematic private messages do not immediately lead to termination. If offensive messages from private chats are forwarded to the employer, the context of the messages is first investigated. Employers are generally required to issue their employees a warning first. Only if this warning is unsuccessful and the problematic behavior continues can termination be imposed.

Exception: Criminally relevant content

The situation is different in the case of criminal allegations. In these cases, immediate termination may be justified without the need for a prior warning.

Practical recommendations for employees

1. Consider group size

The more people have access to your messages, the lower the expectation of confidentiality. With larger groups, special caution is required.

2. Avoid professional references

In private chats, always avoid making comments about colleagues, superiors or the company – even if they may seem harmless at first.

3. Respectful treatment

You should also avoid offensive, discriminatory or degrading content in private messages.

4. Awareness of consequences

Always keep in mind that private messages can have legal consequences, especially if they are related to your job.

Conclusion and legal classification

The Federal Labor Court's ruling (case no. 2 AZR 17/23) makes it clear: The line between private communication and professional consequences is not as clear as many employees assume. Extreme caution is especially advised when it comes to messages with a professional connection or discriminatory content.

The decision also shows that courts consider various factors when evaluating private chats:

• The number of group members

• The content and severity of the statements

• The connection to the workplace

• The frequency of problematic messages

  
  

As a specialist in employment law, I recommend that employees be aware of the potential consequences of their digital communication and seek professional advice if in doubt.

Do you have questions about termination due to private chats or other employment law issues?

If you have any questions regarding employment law, I would be happy to assist you with my many years of expertise. Schedule a consultation for a personalized assessment of your case.

Sources:

• Federal Labor Court, judgment of 2023, Ref. No.: 2 AZR 17/23

• n-tv.de Guide, "Can you be terminated for private chats?", August 25, 2025

• Expert opinion: Peter Meyer, specialist lawyer for employment law, DAV