Termination due to illness - what are my rights?
November 1, 2022 | 40,00 EUR | answered by Sofia Vöss
Dear employment lawyer,
My name is Katja Schulze and I have been working as an office clerk in a medium-sized company for three years. Recently, I was unexpectedly given notice of termination of my employment contract due to my prolonged illness. I have been suffering from a serious illness for several months, which regularly hinders me from performing my professional duties.
In the past, I have presented several medical certificates and my employer was aware of my situation. Nevertheless, he has now decided to terminate my employment. This decision has left me very unsettled and I am wondering if it is legally permissible. What rights do I have in this situation as an employee?
I am very concerned about my professional future and wonder if I can challenge the termination. Are there any possible legal steps I can take to protect my interests? What options do I have to defend myself against this unjust termination?
I kindly ask you to provide me with your expert assessment of my situation and to suggest possible solutions. I am grateful for your help and support in this difficult matter.
Sincerely,
Katja Schulze
Dear Mrs. Schulze,
I understand your concern and would like to help you in your difficult situation. First of all, I would like to emphasize that termination due to illness is generally not permissible. According to German labor law, termination is only justified if the employee can no longer fulfill their contractual obligations permanently and sustainably. However, in your case, it seems clear that your illness is temporary and there is a prospect of improvement.
If you believe that your termination due to illness is unlawful, I strongly advise you to take action against it. You have the right to file a protection against dismissal lawsuit at the labor court within three weeks of receiving the termination. You can argue the invalidity of the termination and fight for reinstatement in your job.
Furthermore, I recommend that you seek immediate advice from an employment law attorney to discuss your rights and options. An experienced attorney can help you defend your interests and find the best possible solution in your case. They can also assess whether your employer may have violated the prohibition of discrimination based on illness.
It is important that you gather and keep all relevant documents and evidence of your illness to credibly present your situation. I also advise you to contact your treating physician to obtain a medical opinion on your illness if necessary.
In conclusion, I want to emphasize that you are not alone in this situation and that there are legal options to fight against an unjustified termination. Do not hesitate to seek professional help and assert your rights.
I wish you success in your fight for justice and am happy to support you in this matter.
Sincerely,
Sofia Vöss, Employment Law Attorney
