Legal help, dispute with employer

9 posts in this topic

Hello all, 

 

The problem I am dealing with is as follows 

 

I have been employed in a company for six months and twenty days, passing the trial period of six months. On December 30th I received my Kundigung. There was no reason for it, I was told that it had nothing to do with my performance but rather cutting cost. I was one of three other people fired that day. I asked my manager do I now get a notice period as per my contract to which he replied no, today is the last day you work. The Kundigung was dated December 28th. Immediately after new year's I stared sorting out the paperwork for the Agentur fur Arbeit, I registered there, went to the preliminary appointment as well as went to a consultant agency so I can see what are my options, perhaps to study or requalify myself for a different position 

In the meantime, I was contacted by my employer, he wanted to have a chat with me in regards to my work for the company, I politely declined as I did not have the time because I had to deal with all the bureaucracy with Agentur for Arbeit. 

I have also gone to the Arbeitsgericht, fearing that I was not dismissed properly and generally because I was afraid that I wouldn’t get payed what was owed to me (my pay has never in six months while I was employed come on time, a week or so late always) The lawyer basically agreed and a letter was dispatched to the employer and a date was set for a hearing. I have then gone to the Arbeitsgericht again because I still haven't gotten payed my December wages (by contract I should have received my paycheck on the tenth, it was not approaching 25th of January). In the mean time I have spoken to the employer asking him several times to pay me so I can then move forward and seek other options for work or other help from the Agentur fur Arbeit. He had lied several times about transferring funds and on the 29th of January he finally did. The end of our correspondence was him saying he received a letter from the court. 

 

On the 4th of February I was at court , he did not show up, instead the judge received the letter from his lawyers, in it basically said that they made a mistake with the Kundigung and have  taken it back, meaning that I was employed with him again, he also provided proof that I received my wages for the month of December and with that the matter was finished. When I got home, I received a letter from his lawyers that since the matter is resolved and I am employed with the company again that I should come to work the next day.  

 

The next day I went to the doctor, I am quite ill and received a doctor's note for four day, I intend to extend it not only for the purpose buying more time but also, I do need to recover physically and mentally because of all of this. 

 

 

My question is, is there anything I can do here? Where can I get legal advice? (preferably in English) Is there any possibility of this resolving in my favor or is there nothing to be done? I definitely do not wish to go and work a company that treats people like garbage. 

 

Thank you in advance for reading and for the help. 
 
Kind regards, 
 
deviaaant 

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Treats people like garbage....ladies and gentlemen, I am honoured to present the Berlin employee of the... oh wait!  You want to play sickies so you don't have to go to work?  Right!  Got it.

Employees, employers and companies make mistakes.  Errors and mishaps are a daily occurrence.  But as is typical, you see things from only one side.  Your own.  Understandable and very immature. 

I don't know you, your boss or your company.  I can only make an assumption.  I would gather the company has a HR, Finance department, IT, etc.  Perhaps even a CEO.  The company really messed up on your pay.  But that is perhaps not your boss' fault, but the financial department in conjunction with HR.  Quite often when terminated, a company must review your holiday balance or perhaps you are in debt to the company, or perhaps they owe you more than normal.  All of these are taken into account, so your final pay is often held in abeyance (love that wee word!). 

So, sometime in January, your former...well, actually your current boss contacts you to discuss your work.  As you refused to see him...I doubt your calendar was completely full on that day or the following, you declined.  Perhaps, he contacted you to state an error was made and that your job was still yours, but you couldn't be arsed enough to engage in a conversation.  Had you done, perhaps they would have rectified your pay whilst there. 

A one month pause from complaint to court is incredibly fast.  The company and court could have delayed it over numerous reasons.  Rather impressed they owned up immediately, which seems my thoughts on the reason your boss contacting you might have been spot on. 

So, you had a lawyer, you won in court you can have your old job back.  But that isn't what you want?  WTF!  What did you expect?  A one million euro cash reward?  That your boss goes to prison?  You were mistakenly terminated, you decided to fight it, won, have your job back and now you're unhappy and ill.  Had you gone back immediately after court, all would have been well, but you are making matters much worse but playing sickies.  And now you want more legal advise?  Go back to the one you had!

I hope you never make a mistake in life. 

They know you are willing to legally fight them if they err again. It will be icy the first few weeks, but after time all will be better.  What do you think they're going to do when you return?  Stone you to death? Burn you at the stake? 

Grow a spine!

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I wouldn't want to work for them either if they continually pay late and back date letters of notice.

 

Are you eligible for unemployment benefits? If you are, you would have a three month waiting period if you quit your job of your own free will. However you have made it difficult for the company to let you go.

 

You have three options here as far as I can see. Start your job again and see what happens, continue calling in sick or quit and look for something else.

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12 minutes ago, LeonG said:

I wouldn't want to work for them either if they continually pay late and back date letters of notice.

 

Are you eligible for unemployment benefits? If you are, you would have a three month waiting period if you quit your job of your own free will. However you have made it difficult for the company to let you go.

 

You have three options here as far as I can see. Start your job again and see what happens, continue calling in sick or quit and look for something else.

 

I agree with this but would add one more option;

 

Negotiate a package to leave immediately.  Normally you are only entitled to 1 month notice, but you might be able to negotiate 2 or 3 if they want to get rid of you which would see you through the period of no money from unemployment benefits (assuming that you are eligible).

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Im not touching this with a ten foot pole. Thank you for your help keyboard warrior, rest easy you have been victorious another day.

 

28 minutes ago, BayrischDude said:

Treats people like garbage...ladies and gentlemen, I am honoured to present the Berlin employee of the... oh wait!  You want to play sickies so you don't have to go to work?  Right!  Got it.

Employees, employers and companies make mistakes.  Errors and mishaps are a daily occurrence.  But as is typical, you see things from only one side.  Your own.  Understandable and very immature. 

I don't know you, your boss or your company.  I can only make an assumption.  I would gather the company has a HR, Finance department, IT, etc.  Perhaps even a CEO.  The company really messed up on your pay.  But that is perhaps not your boss' fault, but the financial department in conjunction with HR.  Quite often when terminated, a company must review your holiday balance or perhaps you are in debt to the company, or perhaps they owe you more than normal.  All of these are taken into account, so your final pay is often held in abeyance (love that wee word!). 

So, sometime in January, your former...well, actually your current boss contacts you to discuss your work.  As you refused to see him...I doubt your calendar was completely full on that day or the following, you declined.  Perhaps, he contacted you to state an error was made and that your job was still yours, but you couldn't be arsed enough to engage in a conversation.  Had you done, perhaps they would have rectified your pay whilst there. 

A one month pause from complaint to court is incredibly fast.  The company and court could have delayed it over numerous reasons.  Rather impressed they owned up immediately, which seems my thoughts on the reason your boss contacting you might have been spot on. 

So, you had a lawyer, you won in court you can have your old job back.  But that isn't what you want?  WTF!  What did you expect?  A one million euro cash reward?  That your boss goes to prison?  You were mistakenly terminated, you decided to fight it, won, have your job back and now you're unhappy and ill.  Had you gone back immediately after court, all would have been well, but you are making matters much worse but playing sickies.  And now you want more legal advise?  Go back to the one you had!

I hope you never make a mistake in life. 

They know you are willing to legally fight them if they err again. It will be icy the first few weeks, but after time all will be better.  What do you think they're going to do when you return?  Stone you to death? Burn you at the stake? 

Grow a spine!

 

 

Thanks for the reply and the info. Will go back and see.


Regards,

deviaaant

 

5 minutes ago, LeonG said:

I wouldn't want to work for them either if they continually pay late and back date letters of notice.

 

Are you eligible for unemployment benefits? If you are, you would have a three month waiting period if you quit your job of your own free will. However you have made it difficult for the company to let you go.

 

You have three options here as far as I can see. Start your job again and see what happens, continue calling in sick or quit and look for something else.

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1 minute ago, dj_jay_smith said:

 

I agree with this but would add one more option;

 

Negotiate a package to leave immediately.  Normally you are only entitled to 1 month notice, but you might be able to negotiate 2 or 3 if they want to get rid of you which would see you through the period of no money from unemployment benefits (assuming that you are eligible).

Thank you for the reply,

Would i negotiate in person, or do you recon it would be better to do it via lawyer? (as the owner, the upper management have a history of abusing their power, lying and mistreating employees I am hesitant to believe there word) I am eligible for the unemployment benifits.

Kind regards,

 

deviaaant

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Good question.  But I think that it depends, perhaps only you can determine this based on what you feel and think.

But it is not risk free either. 

 

It might be better to go back to work and then get a feel for the situation first!

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If they are as bad as you say and they want you out they might just start writing you up for any reason and once you have three write ups they can let you go.

 

If they are interested in giving you a deal to quit, keep in mind that making such an agreement can also be seen by unemployment as quitting of your own free will and can also cause a three month waiting period on your benefits.

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6 minutes ago, LeonG said:

If they are as bad as you say and they want you out they might just start writing you up for any reason and once you have three write ups they can let you go.

 

If they are interested in giving you a deal to quit, keep in mind that making such an agreement can also be seen by unemployment as quitting of your own free will and can also cause a three month waiting period on your benefits.

Thank you again, i have gotten similar advice. Will keep it in mind.

Regards,

deviaant

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