Bosses on the back ;) surgery getting me fired?

58 posts in this topic

Hey guys! 

So I have been in this job for almost 4 years. I need a surgery and I told my bosses around 2 months ago about it- they said it will be fine with them. 

Now that the date is around the corner 😬 they sent me a whatsap telling me they will hire someone else temporary while I heal after surgery but that would not want to be paying 2 people. 

What answer do you think they are

expecting from me? 😂

 

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I think it's best to ignore them too.  They have to pay you for the first 6 weeks you are off sick.  After that, your krankenkasse takes over.  How long do you expect to be off for?

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#1 - whatsapp is not an official business communication tool.

#2 - whatever the answer your boss is expecting, don't give it to them.

#3 - completely ignore whatsapp, or email, or SMS, or phone calls, for any legally binding communication.

 

You are out sick. 6 weeks full pay, Krankengeld after that. For up to a full year on the same illness.

After that, you may have to make arrangements, if it is possible that you will be permanently unable to perform your current job. Whether your boss hires a temporary person to fill in while you're gone, is his/her personal business decision to make - you don't have a say-so in this, so don't comment on it. "Don't want to pay two people" is a sentiment -  irrelevant for you, so don't comment on it.

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Your company does not have the right to put you under pressure via whatsapp! Any communication to the effect that they want to lay you off, has to be in proper written format.

You are fully entitled to take time off for an operation, particularly if you have told your company well in advance.

Just ignore the whatsapp message and concentrate on your own health.

 

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Hey guys thanks for answering!. 

Well so hard to ignore when I am getting a call a day and maybe 1 to 2 messages a day- am thinking is different when you dont work for a company but a family 😬 (nanny). 

They want to know exactly what kind of surgery am having and when and why and exacr time of recovery. To all of those i just know appox not exact but minimum 6 weeks.

If i had to be honest i would preffer to be fired than having to answer messages everyday. 😭

 

@ I feel liKe I should mention I was on sick leave for a car crash at work (not my fault) but that means they are paying me for 2 differenr things then and that they want to avoid.

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Stop answering their damned questions!!!

Your employer doesn`t even have the right to know what is wrong with you!!!

Switch off your phone and go out for a nice long walk in the countryside - it´ll do you good!

 

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8 minutes ago, robinson100 said:

Stop answering their damned questions!!!

Your employer doesn`t even have the right to know what is wrong with you!!!

Switch off your phone and go out for a nice long walk in the countryside - it´ll do you good!

 

Thanks for the shake! Needed it 🤭

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11 minutes ago, atinherne said:

Hey guys thanks for answering!. 

Well so hard to ignore when I am getting a call a day and maybe 1 to 2 messages a day- am thinking is different when you dont work for a company but a family 😬 (nanny). 

They want to know exactly what kind of surgery am having and when and why and exacr time of recovery. To all of those i just know appox not exact but minimum 6 weeks.

If i had to be honest i would preffer to be fired than having to answer messages everyday. 😭

 

@ I feel liKe I should mention I was on sick leave for a car crash at work (not my fault) but that means they are paying me for 2 differenr things then and that they want to avoid.

 

I agree with robinson.  They have no right to know what's wrong with you.  You are required to let your employer know how long you expect to be off and continue to update them if that changes.  Other than that, all the info your employer is entitled to is on the employer copy of the sick note.  So does that state what's wrong with you, no.  So if it doesn't say that, they are not entitled to know.

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it doesn't matter whether your employer is a big company, or a family. They have to go by the same rules, giving them the same obligations, and giving you the same rights.

 

Now, the fact that you mentioned your job is "nanny", makes me wonder, if your employer actually fulfilled their end of the bargain to begin with. Like registering you for Krankenversicherung, Rentenversicherung, Arbeitslosenversicherung, Unfallversicherung; or like properly paying you at least minimum wage, giving you the minimum of vacation days, deducting Lohnsteuer on your behalf;

 

In my experience "nanny" is often a job in the "grey area", where lines blur between "au pair" (= temporary family member) and "trained nurse maid" (= professional employee).

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I have a normal contract I beleive!. 

They have called my dr 🙄 my dr asked me what I am still doing working there. 

I guess this is why I mentioned it would just be better to get fired but then it will be parallel to my surgery 😭

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15 minutes ago, atinherne said:

I have a normal contract I beleive!. 

 

You believe you have a "normal" contract? well the first step here is to clarify that.

Are you employed by an agency/company or they are some family friends?

 

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6 minutes ago, travelerworker said:

You believe you have a "normal" contract? well the first step here is to clarify that.

Are you employed by an agency/company or they are some family friends?

 

Employed by the family and it is a normal formal contract. No they are not friends- found through an agency

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54 minutes ago, karin_brenig said:

it doesn't matter whether your employer is a big company, or a family. They have to go by the same rules, giving them the same obligations, and giving you the same rights.

 

Now, the fact that you mentioned your job is "nanny", makes me wonder, if your employer actually fulfilled their end of the bargain to begin with. Like registering you for Krankenversicherung, Rentenversicherung, Arbeitslosenversicherung, Unfallversicherung; or like properly paying you at least minimum wage, giving you the minimum of vacation days, deducting Lohnsteuer on your behalf;

 

In my experience "nanny" is often a job in the "grey area", where lines blur between "au pair" (= temporary family member) and "trained nurse maid" (= professional employee).

 

@atinherne very good advice here from @karin_brenig !

 

I've got friends with "home-helps" working through agencies.

Had long conversations with the home-helps explaining to them that their

contract with the agency was not employer/employee but rather agency/freelancer.

 

They should have been putting some of their monthly pay into the insurances (above) as

well as preparing for the tax burden later.

 

Sincerly hope this is not the case for you.

 

I'll just join in everyone else's wishes - hope you get well soon and

put a firewall between yourself and your employer.

 

You'll benefit from it !

 

 

 

 

 

 

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3 hours ago, karin_brenig said:

it doesn't matter whether your employer is a big company, or a family. They have to go by the same rules, giving them the same obligations, and giving you the same rights.

 

That's right and on top of that, a small company / employer is also required to be insured with the KK so that even the 6 weeks of sick pay coming from them, they get a good chunk, normally 80%, back from the KK, see  https://www.gruenderlexikon.de/news/buchfuehrung/kranke-mitarbeiter-und-unternehmer-profitieren-von-der-neuen-entgeltfortzahlungsversicherung-84233122

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24 minutes ago, LeonG said:

 

That's right and on top of that, a small company / employer is also required to be insured with the KK so that even the 6 weeks of sick pay coming from them, they get a good chunk, normally 80%, back from the KK, see  https://www.gruenderlexikon.de/news/buchfuehrung/kranke-mitarbeiter-und-unternehmer-profitieren-von-der-neuen-entgeltfortzahlungsversicherung-84233122

What they say its they dont want to be paying two people, since someone else will be taking my place and for the first 6 weeks they have to be paying me, not the Kasse and they want to avoid that 🙄

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29 minutes ago, atinherne said:

What they say its they dont want to be paying two people, since someone else will be taking my place and for the first 6 weeks they have to be paying me, not the Kasse and they want to avoid that 🙄

Just do not think they can avoid  this! Advice from others sounds good.

Good wishes for your recovery.

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3 hours ago, atinherne said:

What they say its they dont want to be paying two people, since someone else will be taking my place and for the first 6 weeks they have to be paying me, not the Kasse and they want to avoid that 🙄

 

But if they have the insurance they are required to have, they are only paying 20% of your salary for the 6 weeks because they are getting 80% from the kasse. 

 

So what do they suggest that you do anyway?  Take unpaid vacation?  

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7 minutes ago, LeonG said:

 

But if they have the insurance they are required to have, they are only paying 20% of your salary for the 6 weeks because they are getting 80% from the kasse. 

 

So what do they suggest that you do anyway?  Take unpaid vacation?  

 

Yes! 3 weeks holiday actually and the rest sick then.  😬

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