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12,056 Awesome with awesome sauce


About LeonG

  • Birthday 12/26/1969

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  • Location Salzgitter
  • Nationality Icelandic
  • Gender Male
  • Year of birth 1969
  1. A letter telling me to pay a fine again?

    It's likely that the accusation of not having a proper light and using a communication device comes from the person who doored you. Otherwise how would the police get that idea? You need to reply to the letter and defend yourself.   It also says they are investigating against Mr. CK so it's not like he's off the hook.   The other letter you got seems to offer you as the injured party to press criminal charges against the person who injured you.
  2.   Right but again I'm not sure that needing an apartment for an ex is valid eigenbedarf and even if it is, it can be difficult and time consuming getting the tenants out.  Say they have been there less than 5 years they have 3 months notice so they could be expected to leave no earlier than by March 31st if he gives them notice this month. If they've been there between 5 and 8 years it's 6 months and they could be expected to leave by June 30th. More than 8 years and we are talking September 30th. Also if the tenants decide to fight the eigenbedarf they will buy even more time. Possibly even win their case and stay on. Meanwhile he and his wife are not able to start the year of separation because they are waiting for the apartment. So for that reason I don't think it's the best idea. Of course he could talk to the tenants and offer them something if they move. However I don't really see a problem if he's getting rent for his apartment that he uses it to pay rent somewhere else for his ex wife.
  3. If he's making more than she is, he can pay her Trennungsunterhalt which she can use to pay for rent and other things. Perfectly legal and expected. Even if he didn't want to pay it she'd get it if she asked. He should also pay child support.   If he's not making more, just has some cash in the bank I'm not aware that there's any law that says he cant help support his ex and child. The Düsseldorfer Tabelle states the minimum but if he wants to pay more he surely can.    As for Eigenbedarf I am not sure. Either the landlord or his close family should be moving in and I am not sure that an ex counts. Besides it might not happen fast. If the tenants are there for some yrs they get a few more months notice and they can even get more if they state that they are having problems finding another apartment.
  4. How to stay friends with a friend

      Most Germans I've had any type of discussion with about parents have said they try to support their parents. One co-worker told me he has no relationship with his father because his father had not treated him well. He actually referred to him as his Erzeuger. I guess just an average deadbeat dad. You don't need to be German for that.   I know another family where I know the son and the parents well. His sister stopped talking to their parents but I think it's because of her own issues, not something the parents did.
  5. Only in America...

      There's a show on TLC called "My 600-lb life".  In German "Mein Leben mit 300kg".  You can youtube it if you are interested.  It's about people trying to get surgery to have their stomachs stapled and how they do afterwards.  You could say with that kind of weight, they have pretty serious health issues.
  6. German labor laws for sick days

    As far as I know, the specialist or his staff decide if they want a referral or not.  I've had that happen a couple of times.
  7. Apartment contract cancelled

      It doesn't cost a lot to join the mieterverein and they can help you in the future if you have a problem so I still think you should join and run it by them.  
  8. My experience with Zeitarbeit was that when the client had a 3 week betriebsurlaub, some people who'd been there a while were prepared and had taken holidays as well for that period.  Others were smart, went to the doctor and faked an illness and got written off sick.    The Zeitarbeitsppl don't seem to care much if you are sick as long as they don't have a project for you.  They may even be insured for this.    I was however not there very long nor was I smart enough to get a sick note so I sat at home and had nothing to do.  I had absolutely no problems from the zeitarbeitsppl.  I offered to take holidays.  They said no, stay on standby, maybe we'll need you.  They took it off my overtime account.    I continued reminding them that I didn't have a project and they said sure, whatever.  This brought my overtime account into the negatives.    Going back on my regular shift after the betriebsurlaub I slowly collected overtime again.  By the time I found a better job a few months later and came to give the agency my notice, they said oh, but we already gave you notice, it must be in the post.  I was really surprised and asked them why.  They said because your overtime account is in the negative.  I said no it's not, check again, I should have about 6 hrs. by now.  The guy says oh, but that's not a lot.  They also wanted me to sign an aufhebungsvertrag to which I said no.  They were very pushy.  I walked out while they were still talking.   That day, I got their notice letter in the mail.  It did not give any reason to why they were giving me notice.  Completely illegal.  However, I had a better job already so I didn't care.  I heard from other coworkers that everybody who had negative hours was let go but their notice was recalled if they promised to make it up again.  They know what they are doing is illegal.  If somebody were to say they have legal insurance and will take them to court, they would back down fast.   I suspect in this case, the agency may ask the pregnant woman to call in sick or get beschäftigungsverbot.  They might also try to give her notice or ask her to sign an aufhebungsvertrag.  Best not to sign anything if they do.  Walk out if they get pushy.  Should they try to give her notice, she should take it back to them, say it's illegal and they should reconsider.
  9. You can try asking for 6 months and see what happens.  Answers could be yes, no or meet you half way.  I can't see that asking would make your situation worse.  Still, you are seeing a lawyer anyway so run it by the lawyer.    Abfindung or pay out is normally 2 weeks per year you've worked.  Say if you'd worked 6 years you could expect 3 months.  But if they are eager to get rid of you, it might be more.    Sure you can also sit around in your new role and collect your pay check until you find something else.  Sure you can sue the employer too but that could go on for a long time and you may not end up winning or even losing.  Could end up with a settlement for the 3 months they offered and you are out the lawyers fees..  Also if you are looking for a new job, it's not exactly a recommendation for you that you are in court with your current employer
  10.   Absolutely. In my experience, they toe the line of illegal, often crossing it if they think they can get away with it.  There are some that are better than others but varies from branch to branch depending on the people who are in charge.
  11. Apartment contract cancelled

    Join the mieterverein and ask for advice.  The basic rule is that short term rental agreements are only valid if there is a compelling reason why it's short term such as the landlord needing it himself at a certain date.  If you continue staying and paying rent as if you still had a contract, they can't just kick you out.  They would have to take you to court and it would definitely buy you a few months time to find a new place.
  12. A Zeitarbeiter doesn't have to do anything wrong to get sent home.  The client company can send them home any time for any reason.  I'm not a lawyer but I don't think that changes because she is pregnant.  The Zeitarbeitsfirma is her employer and they may not fire her based on being pregnant, even if they don't have anything to do for her.  That means that she sits at home, ready to go to work if they find her something suitable and she still gets paid.  They can not require her to take vacation if she doesn't want to but it's possible, even likely that they will charge the missing hours to her overtime account.  Her overtime account will go into the negatives and if she continues working there she will have to make up for it at some point. However, if she quits with negative overtime, they can not charge her for it.  Another option might be something called beschäftigungsverbot.  This is something a pregnant woman can get if her employer can not find her suitable work in which case she'll be written off sick and gets paid by the KK.  She could ask her zeitarbeitsfirma or her doctor about that.
  13.     How can they say they don't pay for travel costs when it's in the contract?   This doesn't sound like a very serious company to me.  I don't care if it's a bus ticket for 2€.  It's still travel expenses and you should get reimbursed.   I'm not a lawyer but I don't think you can sue if a company moves you around but keeps paying you the same.  However, I'm sure the lawyer can tell you.   From what I'm hearing about your employer, whimsical bonus system and travel costs not being paid even though it's in the contract, I am sure they will try their best to screw you over.  Good luck with the lawyer.
  14.   1. It seems to me that if there is a bonus system mentioned that you should be able to get the info on how the bonus system works in order to understand if you are getting paid correctly.  It should not be something that your boss pulls out of his behind on a whim.  That's one thing to discuss with a lawyer too.  However, being management, unpaid overtime is a part of the job.   2. Bringing your laptop means they didn't have to hurry fixing yours.  If you hadn't brought it, even said you don't have one, they would have fixed it a lot sooner.   3. Have you asked for reimbursement?  What kind of travel do you do?  Do you drive to see clients as a part of your normal work day using your own car?  Or are you taking longer trips?
  15. Non payment from house sale

      I totally agree with that.  Before getting into the situation that you are delaying payments for the mortgage or for other bills because you can't handle it, you need to talk to the bank, tell them your situation and ask for another payment plan that you can handle.     Banks may not be happy if you can't pay in full but they are definitely happy to be told about it beforehand and most are willing to work with you to set up a plan that you can stick to.