Can my employer terminate my employment because of a severe disability?
June 15, 2023 | 30,00 EUR | answered by Sofia Vöss
Dear lawyer,
My name is Hans Endres and I have been working as a sales representative in a medium-sized company for five years. Recently, a severe disability was diagnosed in me which impairs my ability to work. My employer has become aware of my severe disability and now I am worried that he might dismiss me because of it. Is it legal for my employer to terminate me because of my severe disability?
I am currently under a lot of pressure as I do not know if I will be able to keep my job. I have always performed my work reliably and conscientiously and would like to continue working for the company. However, I fear that my severe disability could jeopardize my employment relationship.
Are there any legal mechanisms that protect me from termination due to my severe disability? What rights do I have as a severely disabled employee and how can I legally defend myself against a possible dismissal?
I would greatly appreciate your expert advice and support in this matter. Thank you in advance for your help.
Sincerely,
Hans Endres
Dear Mr. Endres,
Thank you for your inquiry and your trust in my professional expertise. I am sorry to hear that you are concerned about your job due to your severe disability. I understand how stressful this situation must be for you and I would like to assist you.
First and foremost, I want to emphasize that in Germany there are legal regulations that are meant to protect disabled people from discrimination in the workplace. The Severely Disabled Persons Act (SGB IX) provides special protective mechanisms to ensure that severely disabled employees are not discriminated against or even dismissed because of their disability.
According to § 85 SGB IX, the dismissal of a severely disabled employee is only possible under certain conditions. For example, a dismissal is permissible if it is due to operational reasons and the employer has obtained the approval of the Integration Office beforehand. A summary dismissal is also possible under certain circumstances, but there must be urgent operational reasons for it.
As a severely disabled employee, you also have the right to special protection against dismissal according to § 168 SGB IX. This means that your employer cannot dismiss you without the approval of the Integration Office. The Integration Office will examine whether the dismissal is legally permissible and whether there may be alternative solutions available to keep your job.
If your employer still tries to dismiss you due to your severe disability, I strongly recommend seeking legal advice and potentially taking legal action. An experienced specialist lawyer in labor law can help you defend your rights and negotiate an appropriate settlement if necessary.
Therefore, I recommend scheduling an appointment with a specialized labor law attorney promptly to discuss your situation in detail and take appropriate measures.
I hope that my explanations are helpful to you and I am available for further questions. I wish you strength and success in this difficult situation.
Best regards,
Sofia Vöss
