Can my employer terminate my employment due to illness?
January 7, 2023 | 40,00 EUR | answered by Babette Krüger
Dear Employment Lawyer,
My name is Lorenzo Eder and I have been working as a salesperson in a retail store for three years. In the past few months, I have been dealing with increasing health problems that have significantly impacted my work routine. Due to these illnesses, I have had to leave my workplace on a regular basis for doctor's appointments or sick days.
Recently, I received notice from my employer that due to my frequent sickness absences, they are considering terminating my employment on health grounds. This information has made me very uncertain and concerned, as I do not want to lose my job but also cannot neglect my health.
Therefore, my question to you is: Can my employer terminate my employment due to my sickness absences? Are there any legal regulations or provisions that could protect me in this situation? Are there any possible alternatives or solutions that I could consider to keep my job?
I thank you in advance for your support and advice in this matter.
Sincerely,
Lorenzo Eder.
Dear Mr. Eder,
Thank you for your inquiry regarding your situation as a seller in a retail store and your concern about a possible termination due to illness by your employer. It is understandable that this situation is very stressful for you and that you are looking for legal options to protect yourself.
It is important to know that your employer cannot simply terminate you due to your sickness absences. The General Equal Treatment Act (AGG) protects employees from discrimination based on illnesses or disabilities. A termination due to illness is only permissible under certain conditions.
First, your employer must assess whether a termination due to illness is justified. It must be proven that your illness leads to significant impairments in the workplace and that further employment is no longer possible. Your employer must also consider whether he can offer you other suitable positions within the company that better accommodate your health restrictions.
It is advisable to seek medical advice and, if necessary, provide a medical certificate confirming your health problems and limitations. This can help clarify your situation to your employer and support any potential legal actions.
Furthermore, I recommend discussing with your employer and jointly exploring alternative solutions. Perhaps adjusting your working hours, redesigning your workplace, or utilizing workplace health management could be an option to improve your situation and continue working in the company.
If a termination due to illness still occurs, you have the option to have it reviewed by a court. A specialized labor law attorney can provide comprehensive advice in this case and represent your interests in court.
I hope that this information is helpful to you and wish you success in resolving your situation.
Best regards,
Babette Krüger, Labor Law Attorney
