{"product_id":"vragen-66861-beste-juristen-ik-zit-met-een-vervelende-kwestie-op-het-werk-ik-werk-al-13-jaar-voor-dezelfde-wer","title":"Help with employment conflicts | Legal aid centre","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Dear lawyers,\n \nI have an annoying issue at work. I have been working for the same employer and department for 13 years. This has always been to the complete satisfaction of the employer\/manager. For about 8 months now I have had a new manager who has shown from day 1 that he does not see it in me, as far as I know there is no specific reason for this.\n After 2 months I happened to be due for an appraisal interview. This was unexpectedly negative. I did not leave it at that and submitted a counter-document. This cancelled the appraisal and a new appraisal would follow in December.\n This one is also negative. This time it was expected, because her behavior towards me is just scandalous.\n The options I have been given now:\n 1. Resign yourself.\n 2. to start an improvement process. She already told me that this is pointless because they are not giving me a chance to meet these requirements. The requirements are also unrealistic in my opinion.\n 3. Buy out the contract by means of a settlement agreement.\n \nI informed them a few days later that I would consider the 2nd and 3rd option but that I certainly could not make a choice yet. They are now going to work out the agreement for me and I will receive it next week,\n\n Now the following happens: I worked a few days after the negative appraisal interview (4 days) and then I collapsed both mentally and physically. (the well-known straw). I have already indicated that I want to go to the company doctor because I feel that this is going to be a long-term absence (note: this actually has at least to do with the negative assessment). The company doctor only has time in 3 weeks... \nNow I am faced with the following: I am mentally unable to make a choice between the option of improvement trajectory or settlement agreement in the short term. Is it possible to postpone this choice or am I thereby unduly delaying the procedure regarding the settlement agreement? I would have preferred the company doctor to see me sooner so that he could possibly substantiate this to the employer, but unfortunately that is not possible. I do not want to do anything wrong in the entire procedure, but making a choice for me now is actually not possible. I would like your help.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n With all this I advise you to take legal assistance. If you cannot provide clarity due to mental shortcomings, signing an agreement is not legally valid. If desired, I can assist you legally in this matter.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nThank you for your very quick response. Counter question: who decides whether I am mentally incapable of making the choices (see above). I myself think that I am not now, but who has that real (neutral) judgment? My employer of course thinks that I am, because they want to get rid of me soon.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n If you are not mentally capable of signing, then a psychologist's opinion is an option to map out your mental health. You can also ask your employer for some time to think because you cannot think clearly at the moment. Resigning yourself is not an option because you will not receive unemployment benefits. Terminating your agreement with a lump sum is possible, but if you then end up in the WWB (former Social Services) then there is a chance that you will first have to 'eat' your lump sum. If desired, I will look into your case if you contact me directly.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nThe WWB has not existed for 4 years -\u0026gt; is now the Participation Act (social assistance). Whether you qualify for this also depends on your assets and the income of your partner.\n\n When you report sick, you are sick. If the employer does not believe this, he must call in the company doctor. Until that moment, you are sick.\n\n You do not have to sign anything as long as you are ill. During illness you may also not agree to dismissal. Otherwise you will receive no wages and no benefits (including sickness benefits).\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55004071461213,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-66861-beste-juristen-ik-zit-met-een-vervelende-kwestie-op-het-werk-ik-werk-al-13-jaar-voor-dezelfde-wer","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}