Advice on what to do after receiving Kündigung

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Hi all,

 

I have found myself in a difficult situation and it seems as though I am being pulled in different directions by all the advice I am receiving and I am unsure about how to proceed.

 

Last month I was told during my bi-annual evaluation that the company had decided that after 2 years they did not think that I was cut out for the job and they would like to part ways amicably. This is despite having been promoted 6 months earlier due to exceptional performance and not being given any indication of substandard performance in the time between. The evaluation was not entirely negative and rather ranged from "excellent" to "room for improvement". Obviously, with no prior warning of poor performance, no written or verbal warnings and no attempts to offer training or mentoring, they cannot fire me on these grounds. Instead, they have sent me a Kuendigung stating "operational reasons" and an additional contract for both parties to sign agreeing to pay 2.5 months salary as severance and to receive a letter of recommendation stating "sehr gut" in return for both parties giving up the right to make any kind of legal appeal.

 

This morning I consulted a lawyer who told me that they recommend I refuse this offer and go to court as it means I will have a potential gap on my CV, will not be entitled to any benefits payment for three months and will have to pay health insurance resulting in a difficult financial situation. Most important for me is that I have the time (and money) to make my next career decision carefully.

 

If at all possible I would like to avoid making the aggressive move of involving lawyers further and taking the issue to court, but at the same time the company does not seem amenable to personal negotiations and is trying to pressure me into signing ASAP. I have been very loyal to the company and would like to leave under the best circumstances possible without hurting myself financially and emotionally.

 

Am I being taken advantage of? How should I proceed? I appreciate any advice anyone has.

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This morning I consulted a lawyer who told me that they recommend I refuse this offer and go to court as it means I will have a potential gap on my CV, will not be entitled to any benefits payment for three months and will have to pay health insurance resulting in a difficult financial situation. Most important for me is that I have the time (and money) to make my next career decision carefully.

 

Listen to them, not to ex-pat laymen. Most of all, don't let your not-so-soon-to-be-former employer walk all over you. The mere fact that they are offering you severance with a glowing review in spite of firing you for alleged substandard performance shows that they are on shaky ground.

 

Disclaimer: I am not a lawyer. Please have all legal advice you receive here verified by a legal professional.

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At the same time, speaking from personal experience (through my wife, anyway), 2-1/2 months' pay is 2-1/2 times your statutory severance pay if you went to court, and if they want to get away with a Betriebsbedingte Kündigung, they almost always will.

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Take the money and run..

 

After all, who wants to work for an employer that doesnt want them?

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When you leave a company you are entitled to a written reference. Apart from stating the responsibilities you had etc, it also states why you left the company. If you agree to being dismissed and have no new job to go to how are you going to explain this to a future employer. Don’t forget in Germany you have to show all your references when applying for a job all your working life.

 

It appears strange to me that after working there two years and doing a good job (according to your statement) that they have decided that you are not cut out for the job. Is somebody’s sister/brother or whatever looking for a job and waiting to step into your shoes?

 

Here are two main reasons for terminating a work contract.

 

Aufhebungsvertrag: In many cases when an employee has done something wrong he agrees to sign such a form to prevent being taken to court. The company wants rid of the person without having to go through all the trouble of a court hearing. The employee signs the form knowing that he will not be immediately entitled to unemployment benefit but will not have to go to court where everything he did will be made public. The expression “….im gegenseitigen Einvernehmen” will be written in the reference and means in mutal agreement there is no reason given why the contract was terminated. If you sign such a contract and have no job to go to, it will not make a very good impression on a future employer unless you have a really good reason for doing so.

 

In some situations there may be good reasons to sign an Aufhebungsvertrag but only if you have another job to go to. According to your statement this is not the case so why sign?

 

Betriebsbedingte Kündigung

This usually means that the person was dismissed because the company had no work for him/her or for instance a whole department has been closed down. It is also usually the reason employers and employees agree to write in a reference after a court hearing. If this is written in your reference it is not a bad sign as the reason for your dismissal had nothing to do with your performance or behaviour.

 

Make copies of all your documents from this company which state what a good worker you are and give them to your lawyer.

Listen to your lawyer and go to court if necessary.

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In some situations there may be good reasons to sign an Aufhebungsvertrag but only if you have another job to go to.

 

What kind of situations? Could you please explain ?

 

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On 8/25/2018, 10:09:40, Lotzo said:

 

What kind of situations? Could you please explain ?

 

 

Not him, but for me a situation where it might make sense could be if your employer caught you doing something that’s borderline fireable but would rather save face for both parties by agreeing to a “mutually agreed separation” instead of letting a judge decide that you might owe damages to the company.

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