So the following initial situation:
I had booked a vacation from 13.09 to 25.09. Nevertheless, since I'm a trainee, I was or have been required to attend school. But since I was ill and had a fever, I took a sick note, for the time being. At the doctor I was told that I shouldn't come to the practice for the time being because of the Covid measures, and that I could pick up prescriptions in front of the practice.
So I was on sick leave from 13.09 to 23.09.
When I was in bed I cleaned out my laptop and found pictures from a vacation in 2017 and other ski trips in 2018, and uploaded them (which was pretty stupid in retrospect) before I deleted them on the PC. Since I didn't think that someone (from my work) might assume that I was or was on vacation, the rumor spread accordingly.
However, I didn't know about it, and at the same time I didn't tell the company that I was sick because I was on vacation anyway. There was misconduct # 2, nobody contacted me to ask what was going on.
Well, I wasn't on vacation, there were people who can testify that I was at home and also at the doctor.
Since I submitted the sick note too late in principle, I now face a dismissal.
What is the legal situation, how deep am I in the ********?
Without AU, the boss doesn't know anything either; your vacation just continues.
Well, I wasn't on vacation, there were people who can testify that I was at home and also at the doctor.
nice, you can also submit vacation and stay at home. Not enough.
a delayed submission actually results in at least one warning or termination, but only after repetition.
how the boss decides - you will notice.
1. Rumors don't count and status isn't posted as evidence against you either.
2. Must be sick late. Otherwise you are unlucky on the 3rd day with the employer = vacation is gone, but of course you will NOT get a notice of termination because of this.
If you don't call in sick while on vacation, nothing happens, your vacation is gone anyway, but nothing more.
If you have any further questions, feel free to contact us
Are there any legal grounds for not being allowed / able to do this?
Because as I noticed, a termination without notice is being planned.
I don't understand now why you should be fired. You were on vacation and you were sick. If you had called in sick right away, you would have had the vacation days credited back because you were sick. So you just lost the vacation days. Nobody is allowed to twist a rope because of the uploaded photos. They are old. And what do your colleagues have to do with your accounts? I would basically separate professional and private life.
Yes, there's no reason to quit, very simple facts.
If something comes up, just write to me and we will clarify the rest of the process
Okay, I just mean the conversation will take place tomorrow. I don't know exactly what to expect, and I would like to have the basics to be able to rely on something.
If I'm terminated, how can I counteract it and how does it work? Also with the wages?
You can receive a warning if you submitted your sick note too late. But it does exist and therefore you don't have to take vacation, the employer is not allowed to do that, he has to acknowledge sickness. If you now receive a warning because you were "on vacation", you can write a reply (preferably with some kind of evidence) and reject the warning. This will then be added to your personnel file.
A termination (if you are outside of the probationary period) is not justified, you haven't done anything really bad, basically just submitted the sick note too late.
Because, according to the boss, not going to the vocational school due to illness, but unexcused due to almost 2 weeks delay by the AU (ALTHOUGH I have an AU from September 14th) is a reason for termination without notice.
But when you're on vacation, you don't have to go to vocational school, do you?
But unless it's vacation, which wasn't the case. But that's why I called in sick.
O.k you made a mistake and didn't submit the sick note on time. Usually you face a warning. If the boss reacted like that, he probably saw you on the table. Do you have a works council in your company?
Scenario 1: If you have reported sick to the employer for this period, you must of course not have been on vacation. That would be deceptive and would justify termination without notice. So if you've been on vacation after all, you've got a problem.
Scenario 2: You were on vacation and did not submit a sick note, no matter, everything is okay, nothing happens.
Scenario 3: Sick note submitted too late, warning.
You will of course NOT get a termination for this reason
No, that's not the reason, but the question here is not whether the registered leave will be re-registered during sick leave, but rather that the FS stayed away from vocational school without excuse.
You have two problems:
You were absent from vocational school without excuse.
Your co-workers and trainers now seem to think you planned this in advance and are now telling them an adventurous story.
You are not threatened with dismissal, at least not unless you have already received warnings from previous offenses. In principle, terminations can only be issued after a warning has been issued (exceptions are of course criminal offenses such as theft etc.). A warning is easily included for problem 1, but not for problem 2.
With problem 1 you can't do anything anymore anyway, it just happens that way and you will have learned from it. Problem 2 is the bigger one, however, because the dwindling trust of colleagues and superiors can make life difficult for you during the remaining time of your training (and beyond). If I were you, I would seek the interview, and if you have any means of proving that you were at home, I would present that evidence, regardless of whether it is none of your colleagues' business.
Don't drive yourself crazy, there's no reason to quit.
If in doubt, you can file a lawsuit against dismissal at the labor court, where you will win 200% even without a lawyer.
Ok, I did not read that the vocational school was not attended here in the question… There he would of course have had to call in sick at the company + vocational school. Still no reason for a termination, because the trainee has special protection against dismissal! And may make mistakes, a warning would be completely sufficient from the company😉
Yes, have a works council
Then contact him and don't sign anything unpleasant without first talking to him.
Okay thanks for the help
Many thanks for the answer
Okay thank you very much
