Ask a lawyer on the topic of Labor law

Bullying, burnout, termination agreement

June 6, 2012 | 35,00 EUR | answered by Steffan Schwerin

Hello,

I urgently need your advice. I am permanently employed and my company is paying for my MBA studies for the next 2 years. For the past year, I have been systematically bullied by my supervisor. Unfortunately, there is no works council in my department, even though it is a company with 10,000 employees. This has left me unable to protect myself from the bullying attacks, and even several discussions with higher management have been unsuccessful, as they seem to be in cahoots with my supervisor. This, along with a daily workload of 10-14 hours (flexible working hours) and the added stress of my studies, has caused me to become ill. I was off sick for 6 weeks due to burnout and am currently in therapy. My doctor has advised me to continue my sick leave, but I returned to work out of financial necessity and to show good faith. I was immediately transferred to a new team and given tasks that are not suitable for me and that degrade me. I accepted this and wanted to make a fresh start. During the transfer discussion, I explained that I was still technically on sick leave but wanted to continue working, with the agreement (also from my doctor) that I would need to attend doctor's appointments 2-3 times a week in the mornings.

In the second week in the new team, I was approached again and told that there is no future for me in the company. They want to get rid of me and have given me 2 options to consider by June 18th:

1) Immediate leave, exit by September 30th, paid MBA studies until completion (Feb. 13), MBA supervision by the head boss, very good reference, full achievement of goals
2) Immediate leave, exit by November 30th, but no paid MBA studies, supervision by the head boss, very good reference, full goal agreement

My question to you is:
What can I do in this situation? Do I have to accept one of the offers? What would happen if I decline? Could I potentially set my own exit conditions, and if so, what could they be? Can I ask for a severance package, how much could it be?
It is particularly important for me to buy some time, as I am currently in therapy and cannot immediately start somewhere new. I will likely need about 6 months. What are my options here?

I urgently ask for your support as soon as possible!
Thank you!

Regards,
RE

Steffan Schwerin

Dear questioner,

I am happy to answer your question as follows:

The employer also has the option to issue a termination due to illness.

Although this is only possible under strict conditions, it is not excluded in your case due to the long-term sick leave.

However, you can also take a chance and "gamble" with the termination agreement.

The following should be considered to ensure that the termination agreement is comprehensive:

For security, evidentiary purposes, and because the law requires it, the termination agreement must always be drawn up in writing. If this written form is not adhered to, the termination agreement is void, and the employment relationship continues.

The following points should be regulated in the contract:

- The termination date of the employment relationship.
- Possible severance pay (this will not be considered if the termination agreement is initiated by the employee to leave the employer for a new job early).
- Release of the employee.
- Compensation for unused vacation days, open wages, salary continuation.
- Return of work equipment (if necessary).
- Non-compete clause (if necessary).
- Reference letter.
- Company pension scheme (if necessary).
- Instruction on social security consequences, such as being barred from the employment agency (this is for the employer's security, but is usually not necessary if the termination agreement is initiated by the employee).
- Settlement clause.
- Severability clause.
- Signatures of employer and employee.

Since there is a lot to consider with the termination agreement, you should definitely hire a lawyer in a timely manner to review a corresponding draft contract or draft a contract that meets your needs.

I hope I could assist you and I am available for any further questions.

Best regards

Steffan Schwerin
Lawyer