Labor law: sickness and dismissal

Termination during illness

• If your co-workers, or whatever well-informed friend, tell you that you cannot get a dismissal while on a sick note, then this is simply wrong.
• They can of course be terminated. It depends for a lawful discharge im Employment Law only depends on what it looks like and what it is based on.
• If you are released because you are still on probation, you cannot defend yourself. Labor law provides little to no protection during this time. The dismissal does not even have to be justified.
• If your employer fires you after the probationary period for reasons unrelated to your illness, that depends. If the reasons are justified, it is also the termination. If the prerequisites for a lawsuit are met, however, you can have the dismissal examined by the labor court regardless of your illness.
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In any case, you must contact the Federal Employment Agency immediately upon receipt. Depending on the expected duration of the illness it then depends on whether you continue to receive sick pay or are unemployed.

Labor law and sick leave

One of the dismissals, which are not entirely unproblematic for an employer, is termination because of your illness. Here it depends exactly on the circumstances of the individual case. You should therefore have an examination carried out by a lawyer immediately.

• Sickness-related dismissals must meet high standards in order to be recognized in labor law at all.
• If you are only ill for a short time, you can assume that your employment relationship cannot be terminated so easily.
• A certain duration of illness is expected and your health prognosis must also be poor. This means that it is unlikely that you will be able to go back to work anytime soon.
• Assume that you will not be able to regain your ability to work within the next two years after the termination.
• In addition, there is always a balancing of interests in labor law and this has the protection of the employee in mind. Overall, it must be almost unreasonable for your employer, whether or not you have been ill for a long time to provide a different type of job in the company in the event of a reduction in performance due to illness place.
• He does not need to fire anyone to do this, but usually larger companies with many employees and different departments can hardly provide this evidence.

Legal advice in this complex area of ​​termination is worthwhile for you, because it can still give you the long-term despite your impairment Workplace receive or at least soften the departure from the company with a severance payment.