To what extent is exaggerated explanation decisive for now and in the future?


Questioner

I had to write a statement for my employer regarding the behavior of a fellow colleague in order to be able to dismiss him on the spot. Now I had to exaggerate this statement from my employer and it would not necessarily be used. I sent it to my employer and the latter forwarded this statement to her lawyer, a few hours later I heard from my employer that my statement was used with name and everything. Since this statement was exaggerated I am quite worried. I have only just started working and also as an intern, to what extent can my statement be decisive and may it be used? In addition to my statement, more statements have been used and evidence has been provided. I did all this to help my employer, but with the idea that she was already in a strong position without my statement. Now that I have heard afterwards that my statement was decisive for her lawyer I am worried. I have just started a legal education myself and would like to continue studying as an administrator. My question therefore: to what extent is my statement decisive, may it be used? And what can such a statement mean for my own future? If this turns out negative, could I then withdraw my statement or submit a request to do so?

Lawyer

You must take into account that in any proceedings before the subdistrict court, if a party is ordered to provide evidence, you could be called as a witness. In that case, you will be heard under oath and you are of course obliged to testify truthfully. Otherwise, you are liable to prosecution. Based on your story, it is very difficult to estimate to what extent your statement, which you say you have exaggerated, is or will be decisive for the assessment of the legal validity of the dismissal. I understand that there are several statements that may also play a role. If the employee requests the subdistrict court to annul the dismissal, and that usually happens, the court will assess on the basis of all the circumstances of the case whether the summary dismissal was legally valid. It is possible that not only your statement will be decisive.

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