Phone call from boss suggesting I should find a new job

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HI there.

 

My boss called me last Thursday and basically said they need to cut down on employees. There are two people in my department, both a lot younger than me, without children and both on limited contracts due to end in the next six months.

However he said he would like to keep both of them and would prefer it if I left, obviously to save money.

 

The project I used to work on is completely gone due to Covid. I am working on different projects now, but I am over qualified and  over paid for them. MY boss used the argument that they don't really have a good project that suits my skill set and I would be happier else where. While he has a point, what I have now is better than nothing.

 

Also I should add I am 48, married and have one child. I have been with the company for 4 and a half years and have always had very good feedback from my boss. Generally we get on very well and I could sense he was a little uncomfortable making the call.

 

I think he is expected to present a plan to the 'big' boss and would ideally like to tell her I have decided to leave whilst retaining the other two employees. 

 

My questions would be can they make me redundant and should I seek legal advice now, before I speak with him again.

 

Thanks in advance for any advice and please direct me to another thread if this has already been discussed

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Hi @jifff, the most important questions to be answered before anyone here can help you are: How big is the company for which you work? What union, if any, governs your workplace? What kind of contract do you have: normal tariff, AT, befristet, unbefristet?

 

 

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Hi Alex, yes I should of clarified that. I have a permanent contract, so unbefristet. The company I work for is about 100 people however we are owned by a much larger company, employing thousands. Hope that helps

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The key question, as @AlexTr mentioned, is whether your company has a union and/or works council. If so, they're the ones you need to talk to first.

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27 minutes ago, El Jeffo said:

The key question, as @AlexTr mentioned, is whether your company has a union and/or works council. If so, they're the ones you need to talk to first.

Don't ignore this, it is important. 

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Actually I don't know if we have a union and/or works council. This I would need to investigate.

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2 hours ago, jifff said:

HI there.

 

My boss called me last Thursday and basically said they need to cut down on employees. There are two people in my department, both a lot younger than me, without children and both on limited contracts due to end in the next six months.

However he said he would like to keep both of them and would prefer it if I left, obviously to save money.

 

The project I used to work on is completely gone due to Covid. I am working on different projects now, but I am over qualified and  over paid for them. MY boss used the argument that they don't really have a good project that suits my skill set and I would be happier else where. While he has a point, what I have now is better than nothing.

 

Also I should add I am 48, married and have one child. I have been with the company for 4 and a half years and have always had very good feedback from my boss. Generally we get on very well and I could sense he was a little uncomfortable making the call.

 

I think he is expected to present a plan to the 'big' boss and would ideally like to tell her I have decided to leave whilst retaining the other two employees. 

 

My questions would be can they make me redundant and should I seek legal advice now, before I speak with him again.

 

Thanks in advance for any advice and please direct me to another thread if this has already been discussed

Do you have legal insurance?

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If your company only has 100 employees, then you may not have one. I used to work for a company with around 800 employees and any kind of betierbsrat etc was actively discouraged. I have heard of smaller ones though that did have a betriebsrat.

 

You may need to start looking for a lawyer here. This is an open forum so you are not going to be able to post every little detail here (what if someone from your company saw it etc) and each case like this is gong to be different. Without all the facts we can't really evaluate thins to give you any kind of useful advice. 

Even if we can, we are not lawyers, so the last word will always be 'go see a lawyer'. 

 

If your company had a betribsrat/union etc I would expect you would have heard something form them at some point, votes take place etc, they usually send out info. if the do have one, great however be careful, just because they are there does not mean they will be 100% on your side. I've met people who were on their betriebsrat who took a more 'we are here to represent the workers but we are also responsible that the company runs etc' attitude.

 

I expect you will need to get a lawyer at some point.

 

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2 minutes ago, jifff said:

No I don't have legal insurance

I swear people who move to Germany should be given a leaflet that says 'get legal insurance and join the Mietverein'.

 

 

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10 minutes ago, cb6dba said:

I swear people who move to Germany should be given a leaflet that says 'get legal insurance and join the Mietverein'.

 

 

And personal liability insurance. So cheap, yet so essential.

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24 minutes ago, cb6dba said:

I swear people who move to Germany should be given a leaflet that says 'get legal insurance and join the Mietverein'.

 

 

 

14 minutes ago, El Jeffo said:

And personal liability insurance. So cheap, yet so essential.

OP - if you do not have these already, look in to them next week.

Mietverein is only if you rent mind, if you own your property you don't need to bother with them. 

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Most companies use the LIFO-principle when they let go employees: Last In, First Out. Apparently, this is not the case in your company. Did your boss make you an offer, ie. Abfindung or golden handshake, for leaving the company? You're married and have a child. Personally, I wouldn't settle for less than 6 months salary.

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Yes we do have a Betriebsrate (I have since found out). My department is only about 100 people but the whole company is many thousands. I don't have legal insurance but do have personal liability insurance

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9 minutes ago, LukeSkywalker said:

Most companies use the LIFO-principle when they let go employees: Last In, First Out. Apparently, this is not the case in your company. Did your boss make you an offer, ie. Abfindung or golden handshake, for leaving the company? You're married and have a child. Personally, I wouldn't settle for less than 6 months salary.

Agree. I would first check if they can even fire me at all. If they can't, push it to the limit.

Also remember you can take immediately unemployment insurance. And AFAIK, there are some tax breakes for the settlement.

And if you have some disability above 50%, it will be incredibly difficult for them to fire you.

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I don't know the difference between level worker or Aussertarif sorry. As far as I know I have a normal unbefristet contract, like that of my colleagues

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What AlexTr means: are you paid to scale or is your contract exempt from a collective bargaining agreement for your industry sector? That should appear somewhere in your contract.

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16 minutes ago, El Jeffo said:

What AlexTr means: are you paid to scale or is your contract exempt from a collective bargaining agreement for your industry sector? That should appear somewhere in your contract.

 

If he were AT, he'd know it.

 

@jifff Talk with the Betriebsrat and tell them what's up. 

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