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About mausinmuc

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  • Location Berlin
  • Nationality American
  1. @lunasuenos   "You said they sent you a seperation letter with what they will give you? If it more than 2 weeks it might be included in that. Does it have a detailed breakdown?"   The letter from their lawyer laid out the suggested updated conditions briefly: last day of employment would be extended by two weeks, including vacation days. But this settlement is not legally confirmed, since it's just a letter of conditions the employer's lawyer suggests so we don't have to go to court. Nothing is signed by them or me, and they completely disappeared after sending the letter by email and post. So I don't think it's really official and reliable. 
  2. @lunasuenos   Unfortunately, the employer doesn't have any online system like that. They are incredibly unorganized and chaotic - which is the reason the relationship is ending (I was actually told I am too organized for them which was shocking!) I took a risk joining this start up as the second employee and it's very clear now they don't really understand how employment law works, or feel like they need to follow it. So a bit kicking myself for taking such a risk now.   But thank you for the tips, I will definitely fill out as much as possible for the unemployment tomorrow. I have already informed them of unemployment on time, verified myself for security using their 2 step process, and applied as a job seeker. I just need the upload the application from the employer and another document that I can, fortunately, fill out myself.  Fingers crossed I get the documents from them this week, or I think I will just have a lawyer take over ;-)
  3. @lunasuenos thanks for your detailed response! Yes, I am in the probation period.    Vacation days: they said my “vacation days are not granted”. Monday is my last day and I have 6 days of vacation left to take - I’m guessing they don’t plan to pay me out for them    arbeitsampt: yes I notified them the very first day I received the termination! That is really great to hear they can backdate the payments. Thank you for clarifying that!   salary slips: I work completely remote and it honestly slipped my mind that I’ve been receiving payments to my bank a count, but no paper salary slips in the mail.  my mistake to not double check, but I’ve also heard legally they are required to provide the end of year document for yearly tax purposes.   
  4. @vronchen I have told them and my contact just wished me luck with getting the documents ;-) But that is a great idea - I will call again Monday and see exactly what can be done and how they can help. I can’t be the first person they deal with who can’t get the documents from their employer
  5. @RenegadeFurther I'm pretty new to posting here and just looking for advice before I contact my lawyer next week for another paid consultation. If you have any advice on this topic, I am grateful to hear it!
  6. Hey @RedMidge   Thanks for the fast reply. I worked at the company for about 5 months. But I have worked full time, without any gaps between jobs in Germany, for almost 5 years now and I have never been terminated or used unemployment benefits previously. I have a contact at the Arbeits Agency who is assisting me with my unemployment application. She says I am definitely entitled to use the unemployment benefits, but I cannot submit my application until I have the Arbeitsbescheinigung document from my employer. She said it is the most important document for the application and I must have it. Additionally, I must provide previous salary documents so they can calculate my monthly unemployment payments, but my employer will not give me these documents either.   The only thing the employer has done since giving notice of the termination is had their lawyer send me a settlement letter with updated termination conditions. This is because I threatened to go to court if they do not follow what is in my contract (they are not following the correct notice period, not allowing me to use any of my vacation days, won't tell me when and how I can return my work laptop as we work remotely, etc. that is all outlined in my contract). I would like to settle with them, as it's less expensive to settle than to bring them to court, but the lawyer does even not reply to my phone call or email for over a week. I am basically being completely ignored by the employer and the employer's lawyer at this point.         
  7. Hi everyone,   Hoping for some advice here before I get my lawyer involved next week...I am so lost what to do.   I have terminated from my job 2 weeks ago and have asked my employer for the following documents multiple times, and also gave them a deadline which they did not meet. They have completely ignored me: - Arbeitsbescheinigung document for applying for unemployment - I cannot complete my unemployment application without this document from the employer. I am officially unemployed on December 15th so I need it ASAP. I can be denied benefits! - Abrechnung der Brutto/Netto-Bezüge for all months that I worked there - I have never received any of these and need them as proof of salary and later for filing taxes and renewing my work visa.   I know the employer is legally required to give me these documents timely so I can apply for unemployment. But they will not give them to me or even respond to me. What kind of trouble can they get in for refusing? Can I report them to the Federal Unemployment Agency? I plan to again ask on Monday one last time for the documents, and I want to remind them of the repercussions they will receive if they do not provide the documents. But I do not know what trouble they can get into. The employer is new (I am one of the first employees) and I think they are really unaware of the trouble they can get into as they haven't wanted to follow anything in my contract since being terminated. It's all been super unprofessional and they seem to think they are "above" obeying the law.    After this last reminder, if I do not hear from the employer by Wednesday, I, unfortunately, have to involve my lawyer. I am also wondering what the lawyer can really do? I can't afford a huge lawyer fee. Would the employer be responsible for the fees (damages) if I need to take them to court to get documents they must legally have provided me?   Thanks a lot for the support. It's been a really restless weekend...        
  8. @pappnase  Good to know. I haven't signed anything so far. I have an appointment with a lawyer today before taking any actions :-)
  9. @vivanco Ok, got it! thanks a lot for explaining. 
  10. Hey @vivanco   Thanks a lot for your reply! My contract is very general and to my knowledge (it is in german) does not even mention my probation period. And It does not mention at all any probezeit termination information. When you mean the general rule will be valid - you mean 622 Abs 3 BGB or what is stated in my contract (3 months)?   Just want to make sure I understand you correctly before I reply to my employer in the morning and sign anything :-)  
  11. Hi everyone,   Today (30.11) I was fired via email during my probation period. Attached in the email from my boss is the digital letter (unsigned by my boss or me). The letter says that as of December 14th the contract ends (so a 2 week notice period).   In my contract, it does not state anything about 2 weeks notice for termination during probation and just states the 3 month notice period. Attached is the portion of the contract.   My questions: 1. Am I able to fight for longer than 2 weeks because of what is said in my contract? 2. Does the termination date even count as today, if I just got an email about being fired with a letter with no signatures?    Thanks for your insights!