Global law firms accustomed to U.S.-style internal investigations must often adapt their methods for tighter workplace laws in Germany. Data privacy protections and labor laws at the European and federal levels add an extra layer of complexity.
In general, German employees are not “at-will,” which means that labor laws mostly protect their right to remain silent in a company investigation. American workers can be fired much more easily for noncooperation. At the same time, Germany has limited protection for whistleblowers, thanks in part to a distrust of anonymous reporting that is rooted in Germany’s authoritarian past. Only recently have several German companies started introducing limited whistleblowing hotlines.
