Introduction
Inappropriate behavior in the workplace is a serious issue. Employers have a legal duty of care to ensure a safe work environment and are required to take action when signs of inappropriate behavior arise. In this blog, we discuss a recent case at the spice and sauce company Verstegen, in which an employee was terminated for serious culpable conduct. The case illustrates how heavily judges weigh safety, respect, and boundary enforcement within employment relationships.
Inappropriate behavior at Verstegen: a serious matter
Verstegen received serious reports about an operator. Several colleagues reported intimidating and threatening behavior. The complaints went beyond teasing or inappropriate remarks: there were allegations of discrimination, bullying, stalking, and threats. Such reports require appropriate action by the employer.
What exactly happened?
The situation began with a meeting outside of work hours between the operator and a female colleague. Afterward, he sent her messages asking to meet again. When she refused and pointed out that he was married, his behavior escalated. Within a short time, the colleague received hundreds of messages, followed by threats. He said he would spread personal information about her in the workplace and made threats such as, “We’ll see what happens to you.”
This made the colleague feel unsafe and seriously undermined trust in the workplace.
The employer’s response and the judge’s ruling
Verstegen took the reports seriously and immediately spoke with the employee in question. Ultimately, the company decided to file a request to terminate the employment contract. The court ruled in Verstegen’s favor and determined that the employee’s conduct constituted serious misconduct . This meant that the employee was not entitled to a transition payment. He was also ordered to pay the court costs.
According to the judge, workplace safety had been seriously compromised. A contributing factor was that the behavior was deliberate and intimidating, and continued even after the employee had repeatedly asked it to stop.
Labor Law Lesson: Workplace Safety Is a Major Consideration
This case makes it clear that inappropriate behavior, even if it begins outside of working hours, can have far-reaching consequences for the employment relationship. Employers have a duty to ensure a safe work environment. If they respond appropriately to reports and act with due care, they can successfully argue in court for termination of employment.
Judges set a high standard when it comes to protecting employees from unwanted conduct. Especially when such conduct leads to fear or a sense of insecurity, it is considered a serious breach of duty. For employees, this is a clear warning: even behavior outside of work hours can lead to termination if it undermines the code of conduct or workplace relationships.
Conclusion
Inappropriate behavior is not a matter of choice. Employers are not only allowed to take action when complaints are filed—they are required to do so. The Verstegen case demonstrates that when an employee engages in threats, stalking, or harassment, this can result in termination without severance pay. The following applies to both employers and employees: take warning signs seriously, because the court will do the same.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to work with you if you have any questions about inappropriate behavior. Please feel free to contact us .
April 2025