The case concerns the validity of an extraordinary (without notice) termination of a long-term employee (a locksmith) following several antisemitic and violence-glorifying posts on his private Facebook account (asking where the next "demo against Jews" in North Rhine-Westphalia would take place). The core legal issue was whether a private, off-duty statement constitutes "good cause" for dismissal if the employee’s profile establishes a visible link to the employer’s brand. The court concluded that while the plaintiff's private statements were reprehensible, the employer's interests did not outweigh the employee's interest in continued employment to the point of immediate termination. A warning would have been the appropriate and sufficient response to address the breach of the duty of consideration. The plaintiff was ordered to be reinstated.

§ 626 BGB (Termination for Good Cause), § 241 II BGB (Duty of Consideration), Art. 5 GG (Freedom of Expression), §§ 130, 140 StGB (Criminal Code).