Legal advice on dismissal and sick note


Questioner

I have a question, My wife worked in Germany and had a conflict with her brother (colleague). Her father (boss) then advised her to stay home because he could not handle the situation. Then when we got home from our honeymoon she was fired and her father told her that he hired someone else. All papers received incl. Dismissal and the last pay slips. She was paid during the period she was at home. Now she (16-08) receives a message stating that he needs a sick note for AOK, otherwise the company will be forced to reclaim sick pay. What now?

Lawyer

During a period of illness, one cannot be dismissed. On the other hand, is it strange that you now have to submit a sick note, while you were not ill but on your honeymoon..? Dismissal is also plausible because there must be a valid reason for dismissal. But we are apparently dealing with German Labor Law here. If you wish, you may contact me directly for further information or legal assistance.

Lawyer

It is not true that dismissal during illness is not possible. At least according to German law it is possible. How many employees did the company have? It may be possible to file an objection to the dismissal. Please note: Summons to the Labour Court are required within 3 weeks of receipt of the dismissal letter! If your wife was not sick, no sick note is needed. If her father had paid sick pay and demands a sick note, it turns out that he wants to defraud the AOK! Your wife would be an accomplice if she participates! We are happy to advise you/your wife.

Questioner

In total there were 5 people employed (Father, brother, brother's girlfriend, my wife, 1 colleague) Objection to the dismissal is no longer possible as 3 weeks have passed since receipt of the dismissal letter. My wife was not sick, but stayed home at the request of her father (boss). 'You just stay home for now' because of the atmosphere between my wife and her brother. She has not yet taken any further action on the request for a sick note. To what extent can my wife get into trouble if she does not respond to her father? Is it possible that money is being written off (recovery) as her father now writes? Yours sincerely,

Lawyer

I don't think your father-in-law can claim the money - unless he proves that your wife called in sick. Were there any witnesses present when he sent her home?

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