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Of Counsel Michael Magotsch, head of BCLP’s Frankfurt Employment Team, commented Sept. 11 in DER BETRIEB on a ruling of the federal labor court that employers are not foreclosed to use grounds that failed to justify a termination in order to file for a subsidiary motion to end employment. Until now, German courts held that, once taken to court, employers may only justify dissolving the employment relationship on grounds which were not already consummated in the wrongful dismissal proceedings. Now the ruling says employees who are lying in court do not deserve privileges. Hence, Magotsch argues that employers in wrongful dismissal litigation should carefully observe the behavior of the plaintiff to consider filing respective subsidiary motions to end employment, despite losing the wrongful termination proceedings. DER BETRIEB is one of the leading trade magazines for legal, tax and accounting in Germany.