Termination despite being sick?
A sick note does not protect against dismissal - it is a big mistake to assume that an employer cannot dismiss an employee if he is on sick leave. How you can proceed against a termination that was pronounced during a sick note depends largely on the reason for the termination or whether the company is bound by the Dismissal Protection Act.
In the case of a sick note, you are not in front of a due to the sick note termination protected. Rather, you have to distinguish whether your employer has given you because of the illness respectively. Notification of illness or only during the notification of illness, but for a completely different reason.
Defend yourself against dismissal if you report sick
- If your employer or the terminating company is bound by the provisions of the Dismissal Protection Act, then termination is only possible under certain conditions. If your employment relationship has already existed for more than six months, the termination must be socially justified, cf. § 1 para. 1 Employment Protection Act (KSchG).
- The dismissal can be socially justified, among other things, for reasons related to the person of the employee; this group of cases includes dismissal due to illness.
- However, your employer may not terminate you because of illness in every case. Just getting the flu and staying home for a week or two is not enough for an effective resignation. Among other things, a negative future prognosis is necessary, that is, based on the previous one Due to the course of illness or other facts at the time of termination, it is to be assumed that the Employee the employment contract for reasons of illness permanently we will not be able to fulfill.
- If your employer gave you notice because of illness and while you were reporting sick, you can opt out - if the Dismissal Protection Act applies - defend against this with an action for protection against dismissal.
An accident at work can have serious consequences for the employee. Not in every ...
The possibility of legal action
- If you want to defend yourself against being thrown out, you should above all keep an eye on the period of action: Within three weeks after you have received the written notice of termination, you must file a complaint with the labor court to have. The lawsuit is aimed at establishing that the employment relationship has not become void as a result of the termination, but continues to exist, cf. § 4 KSchG.
- With all legal considerations and options, however, you should always keep an eye on how much you care about the specific employment relationship. In individual cases it can be better to negotiate a severance payment than to end one's working life with an unpleasant employer.
A termination is also possible despite notification of illness. However, depending on the reason for the termination and the relevance of the Dismissal Protection Act, you can bring an action before the labor court.
How helpful do you find this article?
The content of the pages of www.helpster.de was created with the greatest care and to the best of our knowledge and belief. However, no guarantee can be given for the correctness and completeness. For this reason, any liability for possible damage in connection with the use of the information offered is excluded. Information and articles must under no circumstances be viewed as a substitute for professional advice and / or treatment by trained and recognized doctors. The content of www.helpster.de cannot and must not be used to make independent diagnoses or to start treatments.