Bosses on the back ;) surgery getting me fired?

44 posts in this topic

Just now, atinherne said:

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

Oh, why not holiday for all of it since they're asking? :)

They are out of line.聽 I bet that if the shoe was on the other foot, i.e. their employers asking them to use up vacation instead of taking sick days they'd be outraged.聽 If you tell them anything, tell them that life is not a wish concert and they have to follow the law like everybody else.聽 Then ask them if they have the Entgeltfortzahlungsversicherung as they are required and if not, then why is that your fault?

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14 hours 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.


Are you sure they麓re required to have that insurance as a family, not being a company?

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2 hours ago, jeba said:


Are you sure they麓re required to have that insurance as a family, not being a company?

Actually, no, I am not 100% sure but I couldn't find anything stating that they are exempted.聽 If you think that they are, you should look and post your link here too.聽

As far as I can see, the family is acting as an employer.聽 As such, they are required to withhold taxes and health care, pay vacation and sick days etc.聽 I found the link that states that an employer with less than 30 employees is required to have this insurance.聽 It did not state that a small employer with only 1 employee is exempted.聽 It is however possible that the family don't even know they have this insurance as聽they may just be paying it automatically in their payments to the kasse.

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24 minutes ago, LeonG said:

Actually, no, I am not 100% sure but I couldn't find anything stating that they are exempted.聽 If you think that they are, you should look and post your link here too.聽

I have no idea but the article you linked says:

Quote

Das kann gerade f眉r kleine Unternehmen schnell zu einer enormen finanziellen Belastung werden, weshalb der Gesetzgeber mit der Umlage U1 eine Entgeltfortzahlungsversicherung f眉r kleine und mittlere Betriebe vorsieht.聽

Deepl-translation:

This can quickly become an enormous financial burden, especially for small companies, which is why the legislator is providing for continued remuneration insurance for small and medium-sized companies with the U1 levy.

Which makes me think it applies to small and medium-sized companies only. I麓m not sure a family will be regarded a company.

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7 minutes ago, jeba said:

I have no idea but the article you linked says:

Which makes me think it applies to small and medium-sized companies only. I麓m not sure a family will be regarded a company.

According to聽 https://www.minijob-zentrale.de/DE/01_minijobs/03_haushalt/03_infos_fuer_arbeitgeber/03_absicherung_kh_mutterschaft/node.html;jsessionid=B90E7B97387B64B752582253827DD93D 聽a family employing a mini jobber is required to have U1 for them.聽 Do you figure that they would then not be required to have it if the employee is full time?

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Hey guys!聽

I thought I would update- maybe something for you to read if you are bored 馃槀.

Had my surgery last week, lots of pain but out of the hospital and recovering looks like I mentioned before- maybe 6 weeks.聽

Bosses are writing here and there but I have decided to stop working for them and I told them yesterday. They do not want to let me go but I think its the best.聽

Now I await to have an over the phone talk and finalize details on how to

proceed.聽

I am a bit anxious on the whole quitting on my own and been banned 3 months and on sick leave. Worst things are going on in the world right?!.聽

Btw it is a hysterectomy- just info for the curious minds 馃槀

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6 hours ago, atinherne said:

Btw it is a hysterectomy- just info for the curious minds 馃槀

Isn麓t that the one where they nip your goolies off?

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6 hours ago, atinherne said:

I am a bit anxious on the whole quitting on my own and been banned 3 months and on sick leave. Worst things are going on in the world right?!.聽

Why would you quit?聽 Sounds like a really really terrible idea.聽

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15 hours ago, snowingagain said:

Why would you quit?聽 Sounds like a really really terrible idea.聽

Please elaborate on why is it a terrible idea?聽

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Because you are going to possibly lose a lot of money.

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Did you give your written notice?聽 As far as I know, the employer is still required to pay you sick leave until your last day聽unless you sign an aufhebungsvertrag which would let them out of the contract sooner.聽 They do have to pay out accrued vacation and overtime.

You should talk to your kasse to ask them if they will give you sick pay.聽 If they agree to, you would get ca. 75-80% of your salary but your kasse may tell you that they don't have to pay you for the first 6 weeks because your employer would have paid you and you did not have to quit.聽

Normally in order to apply for unemployment, you need to register as soon as you know when you will become unemployed.聽 Since you quit, you will be blocked for 3 months unless you can state that you had good grounds to quit.聽 Showing them the texts from your employers harassing you about being sick might help.聽 I do not know how it affects the block period that you are currently unfit to work.聽 I assume your block period starts once you are better.

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20 minutes ago, LeonG said:

Did you give your written notice?聽 As far as I know, the employer is still required to pay you sick leave until your last day聽unless you sign an aufhebungsvertrag which would let them out of the contract sooner.聽 They do have to pay out accrued vacation and overtime.

You should talk to your kasse to ask them if they will give you sick pay.聽 If they agree to, you would get ca. 75-80% of your salary but your kasse may tell you that they don't have to pay you for the first 6 weeks because your employer would have paid you and you did not have to quit.聽

Normally in order to apply for unemployment, you need to register as soon as you know when you will become unemployed.聽 Since you quit, you will be blocked for 3 months unless you can state that you had good grounds to quit.聽 Showing them the texts from your employers harassing you about being sick might help.聽 I do not know how it affects the block period that you are currently unfit to work.聽 I assume your block period starts once you are better.

Thanks for that clear answer!.

So far what I did is a message letting them know and they want to talk on the phone so am waiting on that to see how do I proceed either they say they will quit me (I doubt it) or I send the formal letter stating I am done.聽

Since I know I do not want to keep

working there I have a bad feeling about dragging longer the 鈥渢hey have to pay the sick聽 leave鈥. Does that make sense or does that just make me stupid? 馃槵

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2 minutes ago, atinherne said:

Thanks for that clear answer!.

So far what I did is a message letting them know and they want to talk on the phone so am waiting on that to see how do I proceed either they say they will quit me (I doubt it) or I send the formal letter stating I am done.聽

Since I know I do not want to keep

working there I have a bad feeling about dragging longer the 鈥渢hey have to pay the sick聽 leave鈥. Does that make sense or does that just make me stupid? 馃槵

If they don't have any reason to give you your notice, they might not want to do it because you could sue them for damages.聽 Even if you assure them that you won't, there's no guarantee that the kasse and unemployment will not start looking into it and claim that they let you go without reason and they could be in trouble.

Did you ask them if they have the insurance that pays your salary if you are sick?聽 As far as I can google, as a small employer, they should have it but they may not even know that they do.聽 You can ask the kasse and they can ask the kasse.聽 If the kasse is refunding them 80% of your salary when you are sick, they are only paying you 20% out of pocket.聽

In my opinion, it's your right as an employee to get sick leave, regardless of you wanting to quit.聽 If they had been extremely nice to you, I could understand you wanting to be nice to them by making some sort of compromise but it doesn't sound to me that they have been very nice, harassing you about being sick, expecting you to take your vacation instead of sick leave etc.聽 I think you may have Stockholm syndrome :)

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12 minutes ago, LeonG said:

If they don't have any reason to give you your notice, they might not want to do it because you could sue them for damages.聽 Even if you assure them that you won't, there's no guarantee that the kasse and unemployment will not start looking into it and claim that they let you go without reason and they could be in trouble.

Did you ask them if they have the insurance that pays your salary if you are sick?聽 As far as I can google, as a small employer, they should have it but they may not even know that they do.聽 You can ask the kasse and they can ask the kasse.聽 If the kasse is refunding them 80% of your salary when you are sick, they are only paying you 20% out of pocket.聽

In my opinion, it's your right as an employee to get sick leave, regardless of you wanting to quit.聽 If they had been extremely nice to you, I could understand you wanting to be nice to them by making some sort of compromise but it doesn't sound to me that they have been very nice, harassing you about being sick, expecting you to take your vacation instead of sick leave etc.聽 I think you may have Stockholm syndrome :)

Stockholm syndrome-goes running to google! 馃槀

I didnt ask if they have that insurance but am thinking they do. They have been nice right before all this- little issues here and there like every othee work place I

assume.聽

I was thinking the same about them not quitting me, reasons you states above- thats why I wouldnt do it if I wasnt prepared financially speaking.聽

I was also thinking to ask my hausartz if we could write arbeitsamt that it was

better for me to leave that job. (Had 2聽work accidents last year and one this year馃檮)

Thanks for your clear answers btw!聽

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Ask them if they have insurance, don't quit, stop being clumsy and then breathe in. It's all fine.馃槃

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Hopefully someone still following this post 馃槢

So I have sent in my resignation and yes it is the best move for me.聽

I talked to my boss who then said I am already in krankengeld. Short story had a car accident in march and was sick 6 weeks and right after that had a surgery (unrelated to the car accident) which led me to more sick.聽

I totally miscalculated when I would be in krankengeld because i tought since they are both unrelated AU he my boss and I tought I will still be in their payroll.聽

Anyone had this happened before?

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2 hours ago, atinherne said:

Hopefully someone still following this post 馃槢

So I have sent in my resignation and yes it is the best move for me.聽

I talked to my boss who then said I am already in krankengeld. Short story had a car accident in march and was sick 6 weeks and right after that had a surgery (unrelated to the car accident) which led me to more sick.聽

I totally miscalculated when I would be in krankengeld because i tought since they are both unrelated AU he my boss and I tought I will still be in their payroll.聽

Anyone had this happened before?

I have been in the position of going over 6 weeks and start to get krankengeld in which case you get it from the kasse, not from the employer.聽 Different illness should get you another 6 weeks from the employer and then from the kasse if you are still sick.聽 So are you getting paid from the kasse or from the employer?聽 You might want to talk to the kasse to clarify this.

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3 hours ago, LeonG said:

I have been in the position of going over 6 weeks and start to get krankengeld in which case you get it from the kasse, not from the employer.聽 Different illness should get you another 6 weeks from the employer and then from the kasse if you are still sick.聽 So are you getting paid from the kasse or from the employer?聽 You might want to talk to the kasse to clarify this.

Thanks for taking the time!

it is totally diff things first 6 weeks from car accident at work and next 6 weeks from a surgery unrelated to the accident.

Boss called insurance and they told him both Au鈥檚 are the same and that my krankengeld started from april 27th.

Never heard from the kasse about it until I called them today.

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