Quitting without giving the two weeks notice

32 posts in this topic

Dear all,

1,5 months ago I became gainfully employed in a position that seemed promising. However, it soom became apparent to me and my boss that we did not share the right chemistry. In the meanwhile I applied to other jobs, and I recently found another job close to my home, which I think would be a better match. However, they want me to start next week, as in right away. I said I would. Now I am reading my current contract, and regarding quitting, it states: "Die ersten sechs Beschäftigungsmonate gelten als Probezeit, in der das Arbeitsverhältnis mit einer Frist von zwei Wochen gekündigt werden kann.". I was under the impression that during Probezeit, one can be fired on the spot, and that one can also quit right away as well. 

How can I process here (please, ony constructive criticism)? Should I postpone my new job or should I try to quit on the spot from my current job and hope they will let me go? Even if I would need to qait 2 more weeks, I don't think they will want me around, as if would be too awkward. 

I am concerned that I will lose my new job if I do not start as I said I would.

Regards, 

Anita

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And my second question: say that I do give two weeks notice, and not go for the last two weeks to my current job (either write myself as sick or just not show up), but go to my second job. What is the worst thing that could happen to me courtesy of the Finanzamt?

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Start your new job and phone in sick on the old one. Hopefully they will get the idea and fire you. That's just my opinion. 

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6 months probation. The chemistry may be they are being nice trying not to fire you. Perhaps just say your so stressed by the company and cannot come in for the next two months but willing to walk away rather than call a lawyer. .

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19 minutes ago, GoBike said:

6 months probation. The chemistry may be they are being nice trying not to fire you. Perhaps just say your so stressed by the company and cannot come in for the next two months but willing to walk away rather than call a lawyer. .

Thank you, but wouldn't just be easier not to come at all anymore (while telling them this)? Can't they fire me on the spot without the two weeks notice ? If I will end up being employed simultaneously at the two jobs for the two weeks, how bad would that be? 

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1 hour ago, Anita_anita said:

What is the worst thing that could happen to me courtesy of the Finanzamt?

I don't think it is a matter for the Finanzamt in this case.

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I will give in my two weeks notice and then write myself off as sick (or not). This means that for the next two weeks, I will be registered as working in two places. So what is the worst thing that can happen? 

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1 hour ago, Anita_anita said:

Thank you, but wouldn't just be easier not to come at all anymore (while telling them this)? Can't they fire me on the spot without the two weeks notice ?

 

Why don't you try just telling them the truth and ask for an Aufhebungsvertrag?

 

Quote

If I will end up being employed simultaneously at the two jobs for the two weeks, how bad would that be? 

 

The 2nd job will be taxed initially with Steuerklasse VI.

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2 minutes ago, engelchen said:

 

Why don't you try just telling them the truth and ask for an Aufhebungsvertrag?

 

 

The 2nd job will be taxed initially with Steuerklasse VI.

Thank you. I will try both scenarios. 

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2 hours ago, McDee said:

Start your new job and phone in sick on the old one. Hopefully they will get the idea and fire you. That's just my opinion. 

 

That is probably the worst possible advice and could have far reaching consequences. 

 

Read the last paragraph of this article for an explanation why:

 

https://t3n.de/news/neuer-job-kuendigungsfrist-arbeitsvertrag-kuendigen-schneller-1088806/

 

 

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13 minutes ago, engelchen said:

could have far reaching consequences.

Of course, but only if they find out. It's up to the OP to decide if it is worth risking it.

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5 minutes ago, lunaCH said:

Of course, but only if they find out. It's up to the OP to decide if it is worth risking it.

Can´t the old employer find out when e. g. the health insurance / penion fund / unemployment insurance contacts them because contributions are paid in duplicate. I wouldn´t take that risk.

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My old/current job is in the credit/banking sector. The new job is for a grocery store. The two are really not related. Moreover, I worked at the old job for 1,5 months, and I had an entry-level position, and I was not the only one doing this job, so I doubt I will be missed. I am definitely expandable there. 

I will try to delay the second job for another two weeks, but I might not be able to. 

Sure, I could ask for a  Aufhebungsvertrag from my current position, but I need to prepre for the event that I will not get it. 

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54 minutes ago, jeba said:

Can´t the old employer find out when e. g. the health insurance / penion fund / unemployment insurance contacts them because contributions are paid in duplicate. I wouldn´t take that risk.

Not sure. But it's certainly possible to have several jobs at the same time.

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I actually did a bit of research and this is what I found (hope it is right) and this is what I have decided:(To recap, I want to quit my current job of 1,5 months in the banking sector-customer service at the end of the week, which is end of August, and want to start the new job Sept 1, for a grocery store; only problem is that the Kuendigungsfrist for my old position states that I need to give two weeks notice, even in the Probezeit... so for the next two weeks, if I would have to respect the Kuendigungsfrist, I would be employed in two places)

-this happens more often than one might think, as sometimes the Kuendigungsfrist can be too long 

-the current employer can take me to court over loses, conflict of interest and double payments of social security

                       -in order for my current employer to be able to sue me, he would have to prove the loses, which in my case this will probably not be that applicable, as my job is expendable (many of my colleagues are doing the exact same thing as I do)

                        -there is no conflict of interest, one job is in the banking sector while the other is in food industry

                        -to avoid the double payment of social security, I will inform my current employer that I will no longer show up for work if he does not agree to waive the 2 week Kuendigungsfrist and not give me a  Aufhebungsvertrag. This means I will  NOT write myself sick for these two weeks (while start at the new job), so technically, my current employer will not need to pay me. I will explain to him that this job makes me very unhappy (very true)  and that it is best for me and everyone involved not to come to work anymore. My current employer would probably agree with this anyway. 

-there is a risk involved for my current employer to cause problems for me, but considering the very short duration of my current employment, the expendability (is that even a word?) of my position and the respect (or lack thereof) that I received from my current boss (the main reason why i quit), I am willing to take the chance of starting a new position while still employed somewhere ese (if my current employer will not give me that Aufhebungsvertrag).

However, it wil be a lesson for me to learn and not do this again in the future

 

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23 hours ago, McDee said:

Start your new job and phone in sick on the old one. Hopefully they will get the idea and fire you. That's just my opinion. 

This is dumb. Your new employer has to register you with sozialversicherung, they will notice once you start working there.

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On 25.8.2020, 19:41:12, Anita_anita said:

I will give in my two weeks notice and then write myself off as sick (or not). This means that for the next two weeks, I will be registered as working in two places. So what is the worst thing that can happen? 

And you could breach your contract for the first job by having two jobs.

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18 hours ago, Neudarmstaedter said:

This is dumb. Your new employer has to register you with sozialversicherung, they will notice once you start working there.

I did it a few months ago mate. Saying that I'm dumb isn't cool.

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