Fired from work

14 posts in this topic

Hi,

 

I got fired from work due to "restructuring changes". I was some of the few affected from my team and it was done during my vacation. They sent me a settlement agreement as a pdf which is not yet valid from any parts. I was fired by e-mail and since then they did not answer the questions that I had. They promised on another e-mail 12 weeks of severance but in the deal there is only 8 weeks described. I have only two/three weeks to act on this, so I am not sure if someone here can help me to understand my chances:

 

- Does it worth to take them to court? I heard court can take years to solve and I am not sure if I can work in the meantime or if they will provide me with my salary until is solved.

- What is the best way to negotiate with them as they neither sent me the real deal nor they want to answer my questions.

- Can I getter a better deal for the settlement agreement?

 

I will have a lawyer appointment soon but I just want to find the best strategy to leave it in peace.

 

Thanks everyone for any help,

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who are you?
who are "they"?
where is this supposedly happening?

do I smell rat here?

 

going to report this - @fraufruit agreed?

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2 minutes ago, karin_brenig said:

who are you?
who are "they"?
where is this supposedly happening?

do I smell rat here?

 

going to report this - @fraufruit agreed?

 

I am sorry. I thought I could post this anonymously to ask for guidance.

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Try looking at the following Toytown website, maybe you find sum-thing similar to your situation 

 

 

 

 

 

I got this list by typing FIRED in the search box, TOP RIGHT area, you should also do this there are many posts related to this topic, try also other words for being fired.

 

 

 

 

 

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6 minutes ago, yesterday said:

Try looking at the following Toytown website, maybe you find sum-thing similar to your situation 

 

 

 

 

 

I got this list by typing FIRED in the search box, TOP RIGHT area, you should also do this there are many posts related to this topic, try also other words for being fired.

 

 

 

 

 

 

 

Thank you for the suggestion. I will go over all these posts.

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How long you've been working there?

 

Tell the lawyer to check the wording in the settlement agreement, if the wording is not the correct one you will be punished with three months of no unemployment insurance. making the 8/12 weeks of garden leave almost useless.

 

Do you have lawyer insurance?  This question is important to decide if you want to fight it or not.

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1 minute ago, Krieg said:

How long you've been working there?

 

Tell the lawyer to check the wording in the settlement agreement, if the wording is not the correct one you will be punished with three months of no unemployment insurance. making the 8/12 weeks of garden leave almost useless.

 

Do you have lawyer insurance?  This question is important to decide if you want to fight it or not.

 

I do not have a lawyer insurance but I also read you can proceed with a claim even without a lawyer.

 

I have a lawyer appointment tomorrow to review the documents. Also, they offered the deal for all the coworkers but I still did not get the signed up version of it. So I do not have anything right now. 

 

I hope they arrange a meeting to discuss the settlement agreement and my dismissal. 

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18 minutes ago, mrswolf said:

I do not have a lawyer insurance but I also read you can proceed with a claim even without a lawyer. 

 

It will not cost too much to get the lawyer to write a letter on your behalf. Then see what happens. The rule of thumb for severance pay is 2 week's wages per year you've worked.

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1 hour ago, mrswolf said:

I was fired by e-mail

Termination given verbally, by e-mail, SMS etc are invalid. Termination letters must be printed, signed and give to you physically.

 

Also do not sign any termination agreement they try and give you unless you fully understand and agree to everything contained within.

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13 minutes ago, almafreya said:

Termination given verbally, by e-mail, SMS etc are invalid. Termination letters must be printed, signed and give to you physically.

 

Also do not sign any termination agreement they try and give you unless you fully understand and agree to everything contained within.

 

Thank you. I actually do not have anything to sign just a pdf without their part signature. 

 

I think they want to discuss first and make sure we are in an agreement. I manage to find a lawyer to consult tomorrow on the case.

 

Thank you so much

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On 1/23/2023, 10:59:48, Krieg said:

How long you've been working there?

 

Tell the lawyer to check the wording in the settlement agreement, if the wording is not the correct one you will be punished with three months of no unemployment insurance. making the 8/12 weeks of garden leave almost useless.

 

Do you have lawyer insurance?  This question is important to decide if you want to fight it or not.

 

Krieg, I am shocked that average Joe can end up with no unemployment cover because of what was written in a termination agreement. Is this because it says they quit the job of something akin to this? Seem hugely unfair to most people who have no clue how such things work.

 

The lawyer insurance you refer to, is this part of some other German insurance? I am guessing it's not the one for being sued. There is a specific employment dispute one?

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On 1/23/2023, 10:37:46, karin_brenig said:

who are you?
who are "they"?
where is this supposedly happening?

do I smell rat here?

 

going to report this - @fraufruit agreed?

 

Are you and fraufruit the TT police?

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1 hour ago, scook17 said:

 

Krieg, I am shocked that average Joe can end up with no unemployment cover because of what was written in a termination agreement. Is this because it says they quit the job of something akin to this? Seem hugely unfair to most people who have no clue how such things work.

 

If the settlement agreement is poorly written it will say the employee is ending the contract, therefore quitting, and this will bring the punishment of no unemployment insurance for three months, however in most cases the health insurance will be paid.    A properly written settlement agreement will say that the employee is leaving the company in an amicable way but due to decisions taken by the employer that would still be the outcome in any case, or something like that.

 

Normally mistakes are done unintentionally, HR people (or whoever is in charge) are not lawyers and most times companies do not have many experience firing people, so they just Google for example documents.

 

1 hour ago, scook17 said:

 

The lawyer insurance you refer to, is this part of some other German insurance? I am guessing it's not the one for being sued. There is a specific employment dispute one?

 

Lawyer insurance is called in German Rechtsschutzversicherung.   It should cost around 200 - 300 EUR a year for the whole family.    While it is not cheap, it is good to have it, specially if you already know your work situation is not that stable.   This insurance will cover legal costs in most cases that is not negligence, the total cost for the whole case would be the deductible that is around 150 - 300 EUR.   They as well might provide legal counseling for free in plenty of situations.  If your interest is to be prepared in case of been fired, you have to make sure the insurance covers as well settlement negotiations, i.e. you are not yet fired but you want legal counsel with the settlement negotiation.

 

It is recommended to have lawyer insurance from a company that only sells legal insurance, for example in case you have to sue some other insurance company.   I use DEURAG and have used them before and had a good experience, but there are many options around.

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