Advice on termination agreement in case of illness


Questioner

I have been on sick leave for almost a year now due to burnout. During my illness I was suddenly told that I could no longer return to my own team. I did not receive any real answers as to why. Only that it was not due to my performance. After some consultation I was suddenly able to return. However, the situation in the team has changed so much that this has no positive effect on my reintegration. I have been honest about this and have indicated that I would not resign as our financial situation does not allow this. Now the employer has made a proposal by email for a termination agreement with mutual approval. This agreement states that I must first report myself better, then take vacation hours and then terminate my contract. This would mean that I do not have to work for 2 months but will be paid 100%. I have been working for this employer for 7 years now. I would like advice on the above. I do not think I am entitled to unemployment benefits afterwards or am I? And is it a reasonable compensation? My feeling tells me that this is not the case. Add to that that I am chronically ill and I can't help but feel that this also plays a role. The email states that I have to respond within a week... Awaiting your response.

Lawyer

Agreeing to dismissal while you are not yet better is unwise. If you call in sick again, you will not receive any sickness benefits. The UWv will then state that a detrimental act has taken place. Are you better (and will you remain better) and do you agree -> are you entitled to unemployment benefits? The settlement agreement (VSO) seems to have normal content. However, I read nothing about the transition compensation (TV).. That will be several thousand Euros (see calculation models on the internet). I advise you to contact a specialized labor law attorney asap. He/she can then check the VSO. It also happens regularly that the employer pays the attorney's fees.

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