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  #21  
Old 17.02.2015, 21:01
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Re: Trouble maker (employer)

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So, it's me again. I'm out of that brown hole, finally! Question: how can I stop them giving info about me to any 3rd party? Is there any legal way?
I am asking because I have applied for a job and the HR there called my boss asking for references. You can imagine what references he gave.
I don't think there's a way. Even more so as they probably believe it's true ;-)
Even if you'd get a court-order, there's no way you can stop them from getting the "message" through. Thinking otherwise is just delusional, IMO.

What does the "Arbeitszeugnis" say, BTW?
Did you get fired or did you quit?

As you've worked there for a while (how long exactly?) the only chance (I see) is to be completely open and up-front about this with prospective new employers and argue that if everything your old boss is telling them about you would be true, why would they keep you on the pay-roll for so long?

You can try to explain the situation directly to them, as neutral as possible.
My (limited) experience is that new employers don't usually want to hear long and complicated stories about the past. Make it as brief and concise as possible.
The less words and sentences the better.

I would guess that people only call former employers after the first interview.
So your best chance is getting your side of the story out there first.

It's an interesting question, though.
Maybe enlist the help of a professional?
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  #22  
Old 17.02.2015, 22:10
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Re: Trouble maker (employer)

I didn't get the "zeugnis" yet, they've sent me an email on Sat evening saying that they've decided to end our employment relationship with immediate effect, asking me not to show up in the office anymore. The email also mentioned that I'll be paid as the law prescribes. Till I get the zeugnis I cannot say if they've ended the contract extraordinary or ordinary and they'll pay me for the next 2 months (notice period).

Now, I was popping the previous question based on what I found on this website:

"Reference information

An employer is under a statutory duty to provide a reference on the request of a third party concerning an employee, provided that the relative employee gives permission."
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  #23  
Old 17.02.2015, 22:23
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Re: Trouble maker (employer)

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...they've sent me an email on Sat evening saying that they've decided to end our employment relationship with immediate effect, asking me not to show up in the office anymore. The email also mentioned that I'll be paid as the law prescribes. Till I get the zeugnis I cannot say if they've ended the contract extraordinary or ordinary and they'll pay me for the next 2 months (notice period).
AFAIK, an email is not official notice. They need to send you a registered letter and by law they have to either let you work your 2 months or pay you for it. Based on the story you've told so far, I'd half expect them to claim you abandoned the job when you didn't show up on Monday. Glad you're out of there but it sounds like this is far from over.
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  #24  
Old 17.02.2015, 22:33
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Re: Trouble maker (employer)

I've been to RAV yesterday and they've accepted the email as being valid. The official termination letter is at the post office, I found the receipt in the mailbox today.
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Old 18.02.2015, 00:06
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Re: Trouble maker (employer)

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I didn't get the "zeugnis" yet, they've sent me an email on Sat evening saying that they've decided to end our employment relationship with immediate effect, asking me not to show up in the office anymore. The email also mentioned that I'll be paid as the law prescribes. Till I get the zeugnis I cannot say if they've ended the contract extraordinary or ordinary and they'll pay me for the next 2 months (notice period).
What an extraordinary climb down............sounds like there maybe a bit more that we are not aware of, me thinks
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  #26  
Old 18.02.2015, 09:22
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Re: Trouble maker (employer)

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Now, back to your suggestion, I don't need to change anything 'cause she receives all the e-mails from our personal e-mails on company's domain, so I can claim that as lack of trust and support.
I am not sure if I have understood this correctly, but if you are saying she reads your emails it is (as I understand) very serious offense under Swiss law, punishable by jail up to 3 years. Your employer has no right to read your emails.This is my understanding of the law.
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  #27  
Old 18.02.2015, 10:38
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Re: Trouble maker (employer)

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What an extraordinary climb down............sounds like there maybe a bit more that we are not aware of, me thinks
Well, last Wednesday, my boss sent me an email (copying few of my colleagues in) accusing me I didn't do my job (he was traveling). I have replied (reply all) to that e-mail on Thursday, proving I did my job exactly as requested, asking him to prove his accusations and to explain to me what I did wrong. The next thing I've heard from the guy is the e-mail Sat evening.
Few weeks back, in a private meeting, I've been told that before going home, I should pass by his desk asking permission to leave. Bear in mind the salary is on the very low end of "decent" and the overtime is reimbursed neither way: money or time off. Do you want to know what I've answered to this outrage? I said I will never ask permission for my free time.
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  #28  
Old 18.02.2015, 10:56
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Re: Trouble maker (employer)

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Well, last Wednesday, my boss sent me an email (copying few of my colleagues in) accusing me I didn't do my job (he was traveling). I have replied (reply all) to that e-mail on Thursday, proving I did my job exactly as requested, asking him to prove his accusations and to explain to me what I did wrong. The next thing I've heard from the guy is the e-mail Sat evening.
Few weeks back, in a private meeting, I've been told that before going home, I should pass by his desk asking permission to leave. Bear in mind the salary is on the very low end of "decent" and the overtime is reimbursed neither way: money or time off. Do you want to know what I've answered to this outrage? I said I will never ask permission for my free time.
Well, my contract says (basically): "You have to work 40-something hours a week, but if there is urgent work, it needs to be done regardless".

Don't know how legal that is (suspect it is).
But we don't have punch-cards. If we had punch-cards, some other legal issues might arise regarding overtime....

It's now clear that the registered mail you received was to pave the way for a dismissal.
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  #29  
Old 18.02.2015, 11:12
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Re: Trouble maker (employer)

My contract says "40 hours a week, Monday to Friday, 8 to 17 with one hour lunch break, 20 days paid vacation".
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