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Everything posted by ExPattheDog

  1. Losing Job as a non-EU National

    Hey   I'm currently working in germany legally for the last 21 months, and hold non-EU citizenship (American). My current work permit which is tied to my employer expires in 2021. For the last 12 months, I have been making over 50k a year and paying in to the mandatory unemployment insurance (I have been paying for the last 21 months, but my salary was lower beforehand). I receive my university degree in May of this year (when I would be working here for almost 24 months or two years), and I have 7 years of professional experience in my field - my last jobs were in management level.   I changed jobs a few months ago and the company is a mess... I'm still in a my probation period too so I'm a little worried about the possibility of being out of my job! I have a few questions...   1. if I lose my job, how long can I stay in Germany to find a new job? (I hope this is at least 3-6 months...) 2. Can I receive unemployment benefits? (I assume this is a no)   Assuming I don't lose my job before May, here are the facts about me: - American  - 2 years working in Germany (18 months making 50k+ a year) paying unemployment insurance - University degree, 7 years professional experience - Only around 8k in savings (since I think showing proof you can support yourself impacts whether or not you can stay?)   Thank you!      
  2. Hey I have 2 questions about ALG1...    1. How long am I entitled to receive it? Details:   Employed for 2years in Germany until mid-April 2018 5 Months of ALG1 received from April-September 2018 14 Months employed from September 2018-Present   Am I entitled to 6 months or 1year?   2. Does anyone have experience receiving the ALG1 grant to start your own business?  What are the steps, challenges, etc.?
  3. My boss said he wants to change my role or have me resign, despite strong performance, but for supposed culture fit reasons (note: I get a long well with colleagues, but he said he thinks I'm not the right fit). My title is clearly stated in my contract & defines my duties as being similar to those of the same title within similar companies (basically: the role is not ambiguous). Does he legally have the right to change my title/responsibilities?    Note: I posted a similar question yesterday about this, but that question was more about if he could terminate my contract after probezeit for culture fit (NOT a performance issue), however I realize I'm still not entirely clear if he is allowed to just change my role from what is in my contract
  4. Can an employer change your role within the company?

      I've only worked with them for 8 months so by that, I would be totally screwed. Does it matter that my notice period is 3 months anyway? I feel like, in effect, this essentially means my boss can get away with illegal termination after probezeit. I know it sounds ridic, but the "justice" factor here is really getting to me   You're right its risky to go to court - aside from losing & lawyer fees, what other risk should I be aware of? I'm trying to think carefully about all the possibility   I will ask my boss to put everything formally in writing (he probably won't anytime at a reasonable pace) & take it to my lawyer & see what's the best I can hope for
  5. Can an employer change your role within the company?

      In your experience are these phony reasons (and way of being communicated, i.e. only verbally & over slack so far) legal?    I agree all of the reasons my boss have gave are utter BS. It's clearly just that he doesn't want to work with me, despite how much effort I've put into collaborating effectively with him (he is very aggressive at times, scattered, forgetful, etc. not saying I'm perfect but I'm amazed after all of this)   If it is legal (which is my worst fear here), how much could I reasonably still ask for in a severance package? He verbally offered 3 mo garden leave (unclear if salary would be just the base or base + bonus), but realistically at my seniority level,  english speaking only, in Berlin, I expect to need 6 months to find the right fit. Can I ask him for 6 mo (base + bonus) or is that just insane?  
  6. Can an employer change your role within the company?

      Yes, X is sales related. It's 25% of my total compensation.   There's nothing specified about use of taxis,  etc. the taxi was not actually my choice but spontaneously required during an offsite when the designated drivers decided to drink.   Lets say my title is head of sales & my company does consulting - I've been doing sales + consultant work. Ironically, I'm actually performing high on all metrics & KPIs. My boss said he sees me providing value to the team, but after changing his story several times, has settled on 2 things: 1. feels I should have a different sales style (ironically the one he wants I'm very well versed in and already do, and would of course be happy to adapt if needed), 2. he now feels a slightly different background for the role would be beneficial, despite being content with my background when he hired me
  7. Can an employer change your role within the company?

        I'm speaking with a lawyer on Wednesday but feeling impatient to wrap my head around this as it concerns my financial future   Yes, I have asked and told we don't receive it. I travel at least 3x a week to see clients on public transport, and also had to pay 50euros for taxis while our team was at a company offsite - I had no knowledge in advance I would be forced to pay for the taxi (small change in the end, but still, right now everything is mattering to me more)   If the demotion doesn't incur a pay change, can I still sue or not?
  8. Can an employer change your role within the company?

        And this part 5. Also This Agreement comprises the entirety of the terms and conditions of employment as understood and agreed upon by the Employer and the Employee. The Employer and Employee state that they have not made any representations regarding the subject matter of this Agreement except the representations specifically set forth in this Agreement; there are no further items or provisions, either written or oral. Both the Employer and the Employee acknowledge that they have relied upon their own independent legal counsel and judgment in entering into this Agreement.
  9. Can an employer change your role within the company?

        The role my boss wants me to do hasn't even been outlined to me yet -- he said he just doesn't want me in my current role anymore & would need to think about what a new role would be. The only thing that's clear is that it's certainly a demotion.    We haven't talked about salary yet or anything like that   My boss (founder of the company) is very scattered and hasn't actually issued this officially yet via writing - it was first verbal and then over slack, but only after I pressed him to confirm my understanding   Basically, in short,  my boss said I'm with immediate effect no longer in my current role, but has given me no details on what my options would be if I stay, and said he would pay me 3 mo garden leave to leave. I asked him what he would want me to do if I stay and he said he doesn't know yet, but it's clear that if I were to stay I would likely be reporting into the title I currently hold now (hence, a demotion). All of this has been discussed informally, which is frustrating, because I think that these matters really should be handled professionally and in line with HR best practices. No warnings were given.   Unrelated, but I also noticed in my contract it says a couple of other things which were odd:  following: (for the first point, note my pay includes variable pay)   1. It says I would receive "X euro on target earning gross annual on target sales commission, paid quarterly according to the terms of the commission plan, less all applicable withholdings and deductions." - Note that no such on target sales commissions plans are in place, despite my continual pushing. Instead, my variable pay has been left to the discretion of my boss so far, and calculated on me reaching targets for a DIFFERENT role than my title - I have earned the full bonus so far, but still none of this seems legal or fair, because it resulted in me effectively doing 2 jobs at once. Most weeks I've worked upwards of 50hrs,  worked sick, forgone holidays,  skipped lunches, etc. in order to do both well (my boss knows this)   2. Also, 3 months ago my work computer broke and I didn't receive a fixed one for 2 months -- meaning, for 2 months I had to work on my personal laptop   3. Finally, the last point I don't understand in my contract is "Necessary travel expenses incurred by the Employee for employment-related travel will be fully reimbursed by the Employer." I have never received such a reimbursement     4.Not sure if this part is relevant too? Assignment: The Employer reserves the right to assign this Agreement to an affiliated company or to any successor in interest to its business without notice to the Employee, and all the terms and conditions of this Agreement shall remain in full force and effect thereafter.
  10. Can an employer change your role within the company?

      My role is Head of X [Redacted]. What's written in contract is below.   The Employer agrees to employ the Employee as a X Lead [OMITTING TITLE FOR ANONYMITY] and the Employee agrees to be employed subject to the terms and conditions set forth in this Agreement.   The Employee shall carry out any and all lawful and legitimate duties assigned by the Employer. Such duties may include, but are not limited to, duties performed by one in such a position, employed by a business or organization similar to that of the Employer.   However, In Organisational Chart and all other internal and external communications, my title is referred to as Head of X (e.g. is the standard way my boss refers to my title with clients and the team) , although my contract states X Lead.  The two have been used interchangeably in the organisation. I'm unsure if this detail could mean a legal way he can now effectively demote me in terms of de facto title and responsibilities, without prior written warning. However, specific title aside, its very clear from the Slack message my boss sent me he is referring to a DIFFERENT role than I am currently doing, and it is clear from communications it is in effect a demotion.    Again, please keep in mind I've been getting good results, working over 50hrs a week, etc. and no prior warnings have been given
  11. Can an employer change your role within the company?

    Its a bit of a different question, more about role changes, hence the clarification at the end
  12. Today my boss told me I need to step down from my role at my company. He didn't quite fire me, but made it clear I could not stay in my role.    He said the reason was culture fit & that although I work really hard and get good results, he doesn't want me to keep going. Remember, the reason for it is culture fit despite already passing probezeit & getting good results/achieving targets, and working really hard.   He said technically I can stay, but I can't do my main role/title anymore, even tho the function will still exist and would be filled by someone else. He said because he doesn't think I would then want to stay, he would give me 3 months or so to find a new job (sounded like putting me on garden leave) before ending my contract.     Is this even legal?
  13. Asked to step down after passing probezeit for CULTURE FIT

    yes, sorry just a bit sensitive at the moment considering the news this morning.  my apologies   the were brought up by the growth lead or someone a while back, unfortunately nothing like HR exists there's just the goal of following what are known to be best practices
  14. Asked to step down after passing probezeit for CULTURE FIT

    Not really.  Rather,  youre being a bit insensitive at the moment by asking random questions
  15. Asked to step down after passing probezeit for CULTURE FIT

      I wrote to one  open to recommendations for others. thanks for your  help!
  16. Asked to step down after passing probezeit for CULTURE FIT

      Do you have a point or are you just asking condescending questions to be annoying?    
  17. Asked to step down after passing probezeit for CULTURE FIT

      We don't have Betriebsrat either. I know the difference between the two, but gave the example of HR to demonstrate how early stage we are. 
  18. Asked to step down after passing probezeit for CULTURE FIT

    Unfortunately we have no HR yet since we're so early stage -  ughhh 
  19. Asked to step down after passing probezeit for CULTURE FIT

      English - our whole company & all of our clients speak english
  20. Asked to step down after passing probezeit for CULTURE FIT

      Yes, of course. With my role, as an English speaker in Germany, the job market is quite challenging. It sucks no matter what!  Especially since it doesn't seem legal or moral
  21. Asked to step down after passing probezeit for CULTURE FIT

      But is it legal to fire me for supposed culture fit? it's not like I don't get along with people at the company
  22. Asked to step down after passing probezeit for CULTURE FIT

      El Jeffo, you may be right here
  23. Asked to step down after passing probezeit for CULTURE FIT

    he's not giving me a chance to action/improve, rather he said its not up for negotiation - note: he wasn't angry when he said this, it wasn't following a performance f*ck up. He just decided he doesn't see me in the role anymore, but thinks I have a great skillset. We're an early stage company, and he said he thinks I'm too professional for the team sometimes.
  24. Asked to step down after passing probezeit for CULTURE FIT

      I would love to be so flattered, but I'm sure there's a hint of sarcasm here haha even though by all metrics I'm successful in my role, I don't think I threaten him in that regard.  However,  I do think I make another early employee (first 4) feel threatened, so it could be related (she has fewer years of experience, but we have an overlapping skillset)   Unfortunately the company is less than 30 people and my title is (was) [Department] Lead,  so there's no similar position I could go into.     
  25. Asked to step down after passing probezeit for CULTURE FIT

        Two things here: - He says I'm doing a great job, and I am from an objectives/KPIs standpoint, reaching my targets. It's not about improvement on quality of work - that's there - but about culture fit. The details are below. Please note this wasn't provided as feedback to action & improve on, but cause for ending my responsibility in an area of the business (my title). Also note, despite the two points below, overwhelmingly I get great feedback from the team. In our last feedback round my average was 8/10, which was on par with/above average for the rest of the team. In other words, even in our KPIs measuring collaboration I score well.   He said he received 2 negative points of feedback about me from the team (please note: I've received other significant positive feedback, as well). The first was from a colleague was the 4th or so to join the company (years before I did), who said she finds it difficult to collaborate with me (though unsubstantiated).  The second was a direct report of mine who asked to join a new team because he feels he can get more help from another manager. Unfortunately, this wasn't brought to me directly, or I would have swiftly acted to provide whatever missing help the report felt he needed.