Dismissal and Burnout: Your Rights with Former Employer

Questioner

I resigned last September after 10 years of service in a tense situation and under enormous pressure and negativity. I started another job because it was supposed to be better for me but apparently I was not ready for it at all and after 2 weeks I ended up in a severe burnout and in unemployment benefits. I suffer greatly from this both physically and mentally. I am now on medication and see a psychologist. I have changed from a lively mother of 47 to a depressed person. I wonder whether further steps can be taken against my former employer, or whether a dismissal is legally valid if it turns out that I was not responsible at the time of dismissal and could not make the right decision due to stress. This is briefly explained. I'm curious.

Lawyer

The issue is whether the employer has failed in his duty to investigate whether your dismissal was serious. As a result, the employer has a duty to investigate your dismissal. There is a well-known ruling on this matter by the Supreme Court from 1974 (Westhof/Spronsen) which has remained an important judgment, because it provides two important criteria with regard to the duty of investigation that rests on the employer when an employee declares that he is resigning. In this respect, it is important to know whether the employee made the statement under the influence of a temporary disturbance of his mental faculties, as well as whether the employer would not suffer any disadvantage if he considered the employment contract to be unaffected, for example because no other staff has been hired yet. So these are some questions that I have no further knowledge about.

Questioner

Good afternoon Thank you for your answer . Can I give you more information about the questions asked?