Ask a lawyer on the topic of Labor law

Severance payment

June 6, 2011 | 40,00 EUR | answered by Steffan Schwerin

Dear Sir or Madam,

I am 53 years old and have been employed in a small nursing home for 21 years, including 10 years as head of nursing. The facility is run by the municipality and a charitable organization, with the umbrella organization being the Diakonie.

Since July 2009, I have been on sick leave due to burnout and resulting severe depression. I am now receiving unemployment benefits. The employment agency has instructed me to contact my employer to discuss continuing employment.

During a preliminary discussion with the management, I was informed that a new head of nursing has been hired since April this year and they intend to retain this person. I may have the option to transfer to a regular nursing position. However, given the size of the facility (30 nursing beds), it is impossible for me to transition from a leadership position to a nursing role.

To be honest, I do not want to continue working for this employer. I have dedicated all my energy to this nursing home for 21 years. In the last 5 years, I have had to endure many instances of bullying, which led to a complete breakdown in 2009.

Tomorrow, I have another meeting with the management and the board of directors of the organization. My questions are:
- Do I have to accept a lower position?
- Am I entitled to a severance payment after so many years, and what do I need to do to receive it?
- As I am still mentally unstable, I am very anxious about the upcoming meeting tomorrow. Would it be advisable to bring a trusted person with me?

Thank you for your response.
Kind regards,

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into account the situation described and your input as follows:

You don't have to be afraid of the conversation tomorrow. Feeling uncertain is normal in this situation. It would be the same for anyone. You can bring a person you trust with you, but you should announce this beforehand.

It would be best if you clearly state in the conversation that employment is no longer an option.

Try to work towards reaching a termination agreement with them. Such an agreement can include not only the termination period but also a severance payment.

You should not resign yourself and try to avoid being terminated by the employer if possible. In such a case, due to your long illness, a termination due to illness could also be considered, which would not entitle you to severance pay.

Only a termination for operational reasons entitles you to severance pay.

So your goal in the conversation should be to be flexible in reaching a termination agreement and to be granted a severance payment.

Also, exert a little pressure yourself and remind them of the bullying incidents and threaten with damages if they do not grant you a termination agreement with severance.

I would like to point out that this platform cannot replace detailed and personal legal advice. The sole purpose is to provide an initial rough assessment of your legal issue based on the information you have provided by a lawyer. The legal advice I provide is based solely on the information provided by you. Adding or omitting relevant information in your description of the situation may result in a completely different legal assessment.

I hope I could give you an initial overview and that my explanations will help you. Feel free to contact me through the follow-up option on this platform.

Furthermore, I am also available for legal representation. I would credit the initial consultation fee in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, legal representation is also possible.

Sincerely,

Steffan Schwerin
Lawyer

Law Firm Steffan Schwerin
Golmsdorfer Str. 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de
Website: www.jena-rechtsberatung.de