Terminating a work contract

65 posts in this topic

3 hours ago, jeba said:

 

Have you actually talked to them about what they´d agree to? Maybe you can negotiate a satisfactory solution with them? 

The meeting is on 16.08. To be honest, I don’t think they’d even do any negotiation. They’re so adamant and have made up their mind that they will believe the older colleague more than me. So, whatever they’re going to say is really dependent on what I’m going to present and how they’d react. 
 

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1 hour ago, Lolapop said:

The meeting is on 16.08.

If you go, do NOT go alone. Take your lawyer or at least a witness. Maybe even bring a prepared reference to negotiate an Aufhebungsvertrag to get the hell out of there. 

You can also ask for a Freistellung - in other words: paid leave so they do not have to work with you again (you with them, but you know what I mean). Taking care of kids is a job that is based on trust and that is gone, so they can't really expect you to show up again. Or in fancy bla "Das Vertrauensverhältnis ist nachhaltig erschüttert und es ist keine Basis für eine vertrauensvolle Zusammenarbeit mehr vorhanden." 

 

If your new employer is willing to wait - great. Congrats on having lined up a job b4 the sh*t hit the fan. A lot of kindergartens are desperately looking for staff so even if that were to fall through, there should be other options. Just make sure they give you a good reference, if needs be with the help of a lawyer! 

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9 minutes ago, maxie said:

If you go, do NOT go alone. Take your lawyer or at least a witness. Maybe even bring a prepared reference to negotiate an Aufhebungsvertrag to get the hell out of there. 

You can also ask for a Freistellung - in other words: paid leave so they do not have to work with you again (you with them, but you know what I mean). Taking care of kids is a job that is based on trust and that is gone, so they can't really expect you to show up again. Or in fancy bla "Das Vertrauensverhältnis ist nachhaltig erschüttert und es ist keine Basis für eine vertrauensvolle Zusammenarbeit mehr vorhanden." 

 

If your new employer is willing to wait - great. Congrats on having lined up a job b4 the sh*t hit the fan. A lot of kindergartens are desperately looking for staff so even if that were to fall through, there should be other options. Just make sure they give you a good reference, if needs be with the help of a lawyer! 

1. I have to go alone because if I get my lawyer to come down, I would have to pay him. So far, he’s given « free » advice. I don’t have legal insurance. 
2. I have no witness for this incident and the only reference is my co-worker who is on Vacation on 16.08. 
3. If I were to use the « fristellung », isn’t that suspension? Also, it sounds really fancy that statement and good but, I would like to leave on good terms so that they don’t screw me over in the future. You never know! They might call the police and lodge a complaint against me for no apparent reason. Let’s say they already have 1 open i... going on..

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7 hours ago, Lolapop said:

1. I have to go alone because if I get my lawyer to come down, I would have to pay him. So far, he’s given « free » advice. I don’t have legal insurance. 
2. I have no witness for this incident and the only reference is my co-worker who is on Vacation on 16.08. 
3. If I were to use the « fristellung », isn’t that suspension? Also, it sounds really fancy that statement and good but, I would like to leave on good terms so that they don’t screw me over in the future. You never know! They might call the police and lodge a complaint against me for no apparent reason. Let’s say they already have 1 open i... going on..

I meant a witness to the discussion, not the accusation itself. Someone to also provide emotional support cause I'm guessing there will be more than one person on the other side. Also, four ears hear more,  two brains remember more and it might also be a deterrent to the other side in case they might misbehave. 

Do you have a Betriebsrat? They could be involved as well. 

Freistellung can also be if you get a contract with a competitor, if the company doesn't want you goo have access to confidential information or similar.  Any number of reasons.  

You could ask the lawyer how much it would be for him to accompany you. 

 

Good luck!

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On 11/08/2021, 22:42:25, maxie said:

I meant a witness to the discussion, not the accusation itself. Someone to also provide emotional support cause I'm guessing there will be more than one person on the other side. Also, four ears hear more,  two brains remember more and it might also be a deterrent to the other side in case they might misbehave. 

Do you have a Betriebsrat? They could be involved as well. 

Freistellung can also be if you get a contract with a competitor, if the company doesn't want you goo have access to confidential information or similar.  Any number of reasons.  

You could ask the lawyer how much it would be for him to accompany you. 

 

Good luck!

I thought I should update. 
I didn’t go for that stupid meeting to redeem myself. I sent my resignation by post. 
 

I saw a lawyer. He said the Abmahnung means no shit. Since I was resigning, just walk out the door. He said they cannot do anything to you. 
I went to see a doctor and she covered me for sick leave till the end of my resignation period (6 weeks!). 
 

I am trying to get through the horrid incident. Pretty sure that I need therapy ….

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