Despite serious allegations against the former RBB director Patricia Schlesinger, there should be demands for a possible severance payment. What room for maneuver does Rundfunk Berlin-Brandenburg have against its former boss?
The resignation of the former director of Rundfunk Berlin-Brandenburg (RBB) Patricia Schlesinger and the successive revelations have shaken the German media landscape. In addition to the investigations by the public prosecutor, voices of outraged employees and further resignations, an important question now comes into play: Can Patricia Schlesinger continue to draw her full salary and pension?
Serious allegations are made against Patricia Schlesinger. So there should have been a conflict of interest. Among other things, Schlesinger is accused of getting her husband lucrative consulting contracts and having private dinner events billed via RBB. The public prosecutor’s office in Berlin is now investigating Schlesinger, her husband and the former station chief inspector Wolf-Dieter Wolf because of the initial suspicion of infidelity and acceptance of benefits.
Nevertheless, a possible severance payment, continued salary payments and Schlesinger’s pension are currently being discussed: In her letter of resignation to the RBB supervisory bodies, the ex-director insisted on contractual clauses. Is that even possible given the serious allegations? In an interview with FOCUS online, the Cologne media lawyer Christian Solmecke explains why the RBB cannot simply revoke the payment of the salary to Schlesinger: “The contractual basis continues to exist – despite her resignation – until February 28, 2023. That’s how long it has to be salary will continue to be paid.”
But it’s not quite over for the RBB. According to the lawyer, he currently has two options:
In fact, the discussion about a possible severance payment for Schlesinger is currently causing outrage. However, she is also entitled to a pension of EUR 15,000 per month. According to Solmecke, Schlesinger can continue to insist on these references. “The resignation from her post is first of all a voluntary consequence of Ms. Schlesinger for her misconduct and does not affect pension entitlements that have already arisen. After all, these are a result of work that has already been done.” On the other hand, the 63-year-old is currently facing several investigations: Clarification is to be provided both within the RBB and by an external law firm and the Berlin public prosecutor’s office. “If the suspicion is confirmed, the legal situation must be reassessed,” says Solmecke.
In principle, according to the lawyer, pension claims are “protected like property”. As a rule, they would refer to the past and can therefore not be revoked – unless “severe misconduct” has occurred. “But this does not include every misconduct – not even every criminal one. Rather, someone must have violated their duties in such a gross manner that they endangered the existence of the employer or led to insolvency, for example,” says Solmecke. “Schlesinger’s misconduct most likely does not belong in this category.”
The Cologne media lawyer considers a subsequent reduction in Schlesinger’s salary without a provision in the contract to be “difficult to justify”. However, if RBB can plausibly argue and prove that the broadcaster has suffered damage, RBB can assert a claim for damages. According to Solmecke, this could “be the case in particular with the allegedly large number of private events at the expense of the broadcaster” and would fall under grossly negligent or intentional misconduct. “If parts of the salary have not yet been paid, one could ‘offset’ the claims for damages and refuse further payment.”
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