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recomendation for legal advice in the context of potential mobbing

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Hello All,

 

For the last 4 years my management has been treating me in a way I consider unethical. Luckily my company has an active Betriebstraatt and they have helped some but this situation has taken a toll.

I should be getting a new job but my son is at the company's kita and none of my application to the other 17 kita I tried has come through.

As a single mom no chilcare means no job so let's assume I am stuck at this place of employment for about 2 years longer.

 

I would like to secure legal advice about my situation, how to document, is this considered mobbing, how can I defend myself, what should I expect?

Do you guys know any resource? My german is poor but I get myself understood mostly.

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What exactly do you wish to achieve in the near term? 

 

If you go the legal route, then it basically means you will no longer have a job as company will not react well to a current employee who takes legal action against them, will fire them, and then it is just a case of negotiating the settlement amount which will depend on how irresponsible they have been.

 

If you want advice on how to handle and deal with the situation then the works council is already the best idea.

 

In the meantime, you can and should still document all incidents and keep this information stored off-site!  This will help you when you later bring a case against them.

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I would like an expert to tell me how I should document stuffs and what I should expect if I decide to take legal action.

It is not correct that a company will fire somebody because they took legal action. They can only terminate you for grounds, they can make your life unconfortable but fire you is really unlikely.

 

I am asking for an expert recommendation here. 

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Then you need to go to a lawyer for very specific expert advice.  So you will need to search for a lawyer who specialised in employment law.

 

To say that a company cannot fire you is not strictly true.  A company can fire you at any time for any reason or even no reason, but they might not have acted in a manner which is considered within the law.  Being illegal does not stop it happening, just that the actions are punished (within the law).  All which means basically that they will have to pay suitable compensation to the other party, which if necessary would be determined by the courts.  (Which of course could include allowing you to go back to work for them!)

 

Beyond that, the company would not get into any trouble from the authorities unless they were consistently and regularly breaking the law. 

 

And I could imagine most companies would fire a current employee who takes legal action against them, and then deal with the consequences later.  Bearing in mind that it could take 1 or 2 years to come to court or for a settlement to be agreed in the firm wish to drag it out.

 

 

BTW:  I am very sorry that you find yourself in this situation and I do have sympathy for you.

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2 hours ago, quietlaugh said:

I would like to secure legal advice about my situation, how to document, is this considered mobbing, how can I defend myself, what should I expect?

Do you guys know any resource? My german is poor but I get myself understood mostly.

 

 

You might want to consider joining a union.

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One concrete bit of advice I have: make sure you have 'rechtschutzversicherung' (legal insurance) now. You can't just get the insurance after you need it. It shouldn't cost more than €200 per year and If it comes to the point where you decide to take legal action (or you need to defend yourself) it will be the best investment you ever made. 

They also have helplines that might give you useful answers to questions like these. 

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2 hours ago, quietlaugh said:

I would like an expert to tell me how I should document stuff

Ok, I'm not a German lawyer, but if you think you are being treated unfairly, then keep a contemporaneous record. That means doing things like keeping a copy of emails received if you believe it constitutes unfair treatment, but also keep a diary so that you have your own up-to-date record of who said what to whom and when.

Don't discount @dj_jay_smith's advice. You might have read it as if you were getting a brush off, but you are not. Companies rarely side against their own management and come down in favour of employees. 

 

 

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How big is your company? Can't be too small if they have their own Kita.
Would it be possible for you to change jobs within the company? Different department, different team?
Definitely talk to the works council again. Maybe also HR? Have they been involved?

 

It is true that going to court might burn bridges, but a company I worked in had a complete and utter pr..k running a department. New hires would rarely last for more than a year and a half. Some long-suffering ones stayed for longer (good pay, good job security). Lots of them complained, quite a few of the ones who left told the works council and HR exactly why. A few ended up in my department. After a few years, it became to difficult to ignore, I guess and the manager got some severe warnings from HR, works council and upper management. The effect was impressive: He still is no Mr. Congeniality, but at least the constant bullying and general abuse of power has stopped and I am told he is ok to work with these days.

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Thank you all.

Does anybody know a lawyer specialized in employment law?

I'm not sure if there is any point getting legal insurance now as the events are already taking place therefore it is unlikely to be covered.

 

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4 minutes ago, quietlaugh said:

Thank you all.

Does anybody know a lawyer specialized in employment law?

I'm not sure if there is any point getting legal insurance now as the events are already taking place therefore it is unlikely to be covered.

 

Of course there is! It will protect you for the next shit to come!

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