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About mausinmuc

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  • Location Berlin
  • Nationality American
  1. Employer not paying sick days

    Thank you for your kind, supportive words!    I definitely wont sign anything without consulting my lawyer first!
  2. Employer not paying sick days

    Good to know about the insurance! A shame I can’t use it now,but I’ll go ahead and get it anyway for any unexpected issues in the future. It’s a good thing to have!    I did have a free consultation with a lawyer recommended by a friend and  was very helpful. My permit isn’t connected to this company specifically, so if I lose my job I can stay until my permit expires and collect unemployment until I find a new job. It actually now works in my favor that I don’t have the Blue Card, because then it would be a different story if I got fired  he basically told me to look for a new job and if they fire me in the meantime to contact him and he can assist me in the process and possibly getting an extra month of salary for me.    i want to thank everyone for their advice and support, and not judging me so harshly for the details of my situation and amount of sick days. It’s been a breath of fresh air compared to the comments and treatment I’ve received from my boss and HR. They have really had me feeling very unconfident in myself and questioning myself immensely. I’m feeling stronger and more optimistic about getting through this situation thanks to you all!  
  3. Employer not paying sick days

     Thanks for your advice! I don’t have legal insurance. Do you know where/how I can go about getting it?   yes the salary increase would be 14% and I definitely understand that being a huge increase and problematic. I am unaware of how much others in my department make. It’s well known in the company that a few Germans make more and don’t have to follow the rules as strictly as others in the department. Unfortunately HR assured the raise wouldn’t be a problem when I was accepting the job offer and said it would be planned within the new year budget. I think HR over promised to get me to take the offer and made a mistake and realized later they could not commit to it. But rather than admit the mistake, HR denied it ever happened. I had other job offers on the table that offered the salary I needed for the blue card, but I took this job thinking it was a nice opportunity to build my skillset and therefore I could wait 6 months for the needed raise. If I had known before signing the contract the raise would not happen, I would have negotiated my salary before signing or taken another offer that is more in line with my pay range for my experience. I discussed the situation of being promised a raise for the blue card with my boss before reaching out to HR. He said because he wasn’t working here when I was hired by HR, to contact them directly. HR shot down the raise and has huge power in this company. Definitely more so then my manager. And my manager being new, really seems to want to please management and HR and make friends with the right people. I’m in a smaller company  (60 people) and HR consist of one person who has been there since almost the beginning with the CEO. So has a lot of power and pull within the company.    It’s a lot of drama and I’ve learned a lot from the situation - like get things in writing! And am also taking a lot of time to reflect on my part in this mess and how I can improve in the future. I hopefully have an interview next week and am trying to keep focused on the future and that I will move on from this work environment sooner than later!  
  4. Employer not paying sick days

    The problems started when I asked for the raise for the Blue Card I was told by HR during my hiring process that I would receive upon completing probation. It was my mistake to not get this in writing. When they denied the raise and they acted like they had no idea what I was talking about, that this raise was never discussed or promised, I was firm in negotiating terms to receive the raise and made it clear the Blue Card was a priority for me. My feeling is that they don't see me as a long-term employee anymore knowing that the Blue Card and this raise are so important to me, and they can't/won't provide this. I think I was also pretty straight forward and fought for myself on this topic, and maybe it was not appreciated/well-received or seen as a threat to have a headstrong employee like this. Since then the situation has increasingly gotten worse. And yes, my boss started working at the company after me and has made comments to me privately that he does not understand why HR hired me for this position and does not think I am right for the job. My boss, of course, denies these comments when confronted about it in front of HR.    When I ask why they don't just fire me, I get answers such as (not direct quoting) this role is very important and we need you here for it. And that they want to make the situation work. Which if they do want to make it work, their actions do not match the words at all. And after everything that has happened the past few months, I have completely lost trust in HR/management.
  5. Employer not paying sick days

      Thank you for the tip! I have been getting a sick note from the first day for the most recent illnesses as the problem has escalated. 
  6. Employer not paying sick days

    I have 5 instances of needing sick notes from this year. None of the notes are for the same reason. The remainder of my sick days didn’t require notes to be turned into insurance because it was less than 3 days of sickness. 
  7. Employer not paying sick days

    If you don’t send the insurance the sick notes within 7 days of receiving them, then if you have more than 42 days of illness for the SAME illness, the employer does not have to pay for any additional sick days and the insurance cannot take over paying because they did not receive the notes in time.    If the days of illness are for different reasons, after 42 days of illness you will still get paid by the employer as long as you mail in all notes late so insurance can check them to see reasons for illness.    Kind of complicated but insurance explain do it to me yesterday. Hope that’s helpful! 
  8. Employer not paying sick days

    Hi,   to clear things up I am at my job for a year now. I had 15 sick days before I started to have issues with my employer over the summer. These days included 1 strep and 1 of the flu. Normal sicknesses, sucks but it happens. I got a positive review stating I was over performing after my probation ended. I was informed I would receive a raise to get the blue card after probation during my hiring process. Upon following up on the raise, the problems began. Told I was an underperforming, not completing the basic tasks of my job, and they would not provide me with my performance review stating otherwise, many meetings trying to convince me to quit, which is all bizarre seeing as a month earlier I had such a positive review with them. Then not paying me for a holiday, telling me I took too long of a coffee break and now I need to start recording my hours and breaks, etc. despite the fact everyone else has flex hours and take many breaks and long lunches. I have lots of co workers informing me what my new boss says about me when I’m not around and trying to gossip about me and hurt the team relationship. I feel like they are pushing and pressuring me to quit. I think because of the stress and bullying my immune system is a mess. I have been sick very often since the issues have started and I now have a total of 38 sick days. My employer was incorrect saying I had 42 in our online documentation system. My doctor has urged me to find a new job and take 6 weeks off now to recover and begin seeing a Psychotherapeutin. He says I will continue to get sick working here in such an environment. I definitely understand from a business perspective, I’ve had a lot of sick days and they would want to fire me now. I’m not proud of the sick days and it’s not the norm for me or my history at previous jobs. I’ve told my employer at the last meeting if they don’t want me here, they should fire me instead of playing these games, because it’s causing me a lot of stress and I feel bullied. but so far I think they don’t have enough legal reason to fire me so they won’t do it.    I did talk to the insurance and it was very helpful! he said they must pay for my sick days if they are for different illnesses. After having 42 sick days (whether all at the same time or throughout the year), the employer can contact the insurance to confirm if the sick days are all the same illness or different illnesses. When it’s different illnesses, the employer must continue to pay. When it’s the same illness for all 42 days, the insurance takes over paying at about 70% of the salary.    As for my post about working part time, it was just an idea I had if I left this job and started a new one, maybe part time would be good so I can focus on my health and also learning german. I know it wouldn’t be helpful for obtaining the blue card. I was just curious if it as even a possibility with my permit so I understand my options for future employment and applying for new opportunities!    Thank you everyone for your advice and information!  
  9. Employer not paying sick days

    Hi everyone,   I have an employer who has been bullying me and pressuring me to quit for months now. Just today I have been informed the below and am wondering if this is true and legal?   Because I have had 42 days of sickness this year (at different times throughout the year, all unrelated illnesses, but recently had time off as a result of getting sick due to bullying at work) they will not pay me if I have 1 more sick day. The insurance would have to take over, and the insurance can only take over paying me if I have mailed the insurance all my sick notes from this year.   Please note my sicknesses this year ranged from the flu, strep more than once, etc. (normal illnesses) accounting for about 15 days of illness total. Recently the bullying has gotten really bad and my doctor says my level of stress and depression are causing me to get sick more often, so I have had more illnesses and received longer time off from my Doctor who knows the details of my situation at work.   I was told by many people and my doctor that the employer must pay for your sick days until after 6 weeks of CONTINUOUS illness. Not that an employer will stop paying at 6 weeks of total illness throughout the year for various sicknesses.   It would be great to have your advice as my doctor has recommended I take 6 weeks sick leave due to depression and anxiety from bullying at work, in order for me to recover and also search for a job that is more supportive of my mental well being, and I am afraid I will not be paid if I take the six weeks off. Recently they did not pay me for a few vacation days, so I am afraid they will not pay me for sick days even if they are required to.   I would also greatly appreciate any recommendations for a lawyer that does a first free consultation in the Munich area.   Thanks so much for your advice!
  10. Thank you for the information! I do not have the Blue Card, so the topic is unrelated at the moment.  
  11. Hi everyone,   If you have a work permit that is not connected to a specific employer, can you switch employers and drop to part-time hours with the new employer? I am not sure: 1. If you switch employers, what steps (if any) you must take legally (inform the KVR of new job, etc.) 2. If the new job has to meet a certain amount of hours or salary. Can you take a part-time job?   Thanks for the help!