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  #21  
Old 27.11.2014, 17:44
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Re: Expected to continue working after being fired

There is a difference between the terms termination period and garden leave, working during the termination period is normal and expected, (paid) garden leave is normally to keep you out of an industry as you may have commercial knowledge which is not so critical after 6 months or you are senior management and finding a new job (CEO, CFO) will not happen overnight. The work from home request is odd unless it has been a normal part of your usual work which should then continue for the next two months. If not I would offer to work from the office or explain that it is not possible from home. Maintain the high ground (although you might not feel like it) and you do have the right to object about a reference but insist on the reference immediately, they are obliged to give you one and it can be a bargaining tool in your situation. If you are sick during the termination period it just extends the termination period but is not a way to fill in the period.
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  #22  
Old 27.11.2014, 17:45
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Re: Expected to continue working after being fired

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Because depression and burnout are trivial issues
Who said that?
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  #23  
Old 27.11.2014, 17:47
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Re: Expected to continue working after being fired

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Who said that?
You did, by claiming that faking a serious illness is a legitimate and appropriate way to trick your way out of contractual obligations.
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Old 27.11.2014, 18:06
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Re: Expected to continue working after being fired

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It is just a strange concept for me. If he were a nice boss and they were a nice company, I probably would not have my knickers in such a twist. But they are seriously the worst company I have ever worked for. He tries to get what he can out of people. That is his motto. This is why he hires so many desperate frontaliere and pays them little and gives them no raises.
I was only trying to explain to you what the situation is.
My saying that he trusts you a lot was actually ironic, I agree with you that he just tries to squeeze the most out of you, even when you already know you'll not be working for that company in a few weeks from now.
It's not uncommon also to let free an employee during his/her termination period, but this is obviously not your boss' philosophy.
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Old 27.11.2014, 19:03
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Re: Expected to continue working after being fired

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Quick question; does your employment contract include home office? If not, then surely you are not obliged/permitted to work from home and your boss doesn't want you in the office, so......
It does not include home office. But if he makes me work, I'd rather be here than there (he could change his mind about my coming in). The energy is very oppressive. But I like the way you think!
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  #26  
Old 27.11.2014, 19:56
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Re: Expected to continue working after being fired

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So, I was fired the other day, and have now found out that my boss is expecting me to work from home during my 2 month "gardening leave". Is this normal?
OP, it is indeed more than normal, since decades, since everything beyond a standard termination where you work until your final paid day will thoroughly be suspected by any further Swiss employer!

Even a standard termination with a graden leave is considered the second worst termination you can have (next to a "fristlose Kündigung"); a garden leave still expresses fundamental mistrust by your employer! No future Swiss employer wants to know this about a potential employee.

So quite contrary! If your employer provides you with the generous possibility to leave his company the very normal (Swiss) way, i.e. you keep working to the end of the work contract, despite your problematic situation with your boss, has even to be considered as a real kindness of your employer not to harm your professional future (despite the termination), and still expresses some kind of trust to at least some extent! Well, at least in a normal Swiss company!

And yes, it is indeed important how you will spend your last two months with respect to your recommendation letter, which will be written afterwords. Every future Swiss HR will immediately through your application into the basket, if they miss a reference letter from a former (Swiss) employer.

And if you intend not to follow your contractually defined work, yes a Swiss company can legally retain or reduce your salary – not only theoretically! You will have then to claim it back accompanied with your expensive lawyer!

And I don't even want to start to talk about the consequences regarding the unemployment insurance.

-- edit: Pardon-me, I didn't read Samaire's post ... see it as a verification
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  #27  
Old 28.11.2014, 08:49
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Re: Expected to continue working after being fired

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You did, by claiming that faking a serious illness is a legitimate and appropriate way to trick your way out of contractual obligations.
I did not say that, you think I was implying faking it but who wouldn't be depressed if they suddenly and unexpectedly lose their job - I certainly was.

Just wait until it happens to you and see how you feel...
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Old 28.11.2014, 08:54
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Re: Expected to continue working after being fired

Sublime.. all depends in which industry and sub department. I know many that during job cuts had 20 minutes notice to clear out the desk or locker and were escorted at all times until they were outside the building.
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  #29  
Old 28.11.2014, 08:58
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Re: Expected to continue working after being fired

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You did, by claiming that faking a serious illness is a legitimate and appropriate way to trick your way out of contractual obligations.
you'll also find a doctor's note will prelong your notice period. There's a double-whammy!
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  #30  
Old 28.11.2014, 09:11
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Re: Expected to continue working after being fired

I know someone that extenfed his notice period by 7 months due to being "sick" he was doing contracting in another country at the time.
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  #31  
Old 28.11.2014, 09:12
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Re: Expected to continue working after being fired

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you'll also find a doctor's note will prelong your notice period. There's a double-whammy!
You mean "prolong" BTW and like the employer will be happy to extend the notice period and keep paying your salary...
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  #32  
Old 28.11.2014, 09:21
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Re: Expected to continue working after being fired

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I know someone that extenfed his notice period by 7 months due to being "sick" he was doing contracting in another country at the time.
I know someone who also was on "sick leave" from one company while working for another company. People talk, including employers, and this person is now well-known for his deception. In fact, the insurance company is considering taking action. It will be difficult for this person to find another job.

Switzerland is a small country. If you want to stay here, I would suggest following the rules and viewing your "firing" as an opportunity to find another job. Of course, it would have been better if you had quit before you got fired, but that's not the issue. The issue is keeping your reputation clean, getting a decent letter of recommendation and finding a new job.

Good luck.
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  #33  
Old 28.11.2014, 09:25
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Re: Expected to continue working after being fired

I'd also like to say that expats writing posts on how to deceive and manipulate the system without warning of possible consequences when getting caught is pretty low.
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  #34  
Old 28.11.2014, 09:28
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Re: Expected to continue working after being fired

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I'd also like to say that expats writing posts on how to deceive and manipulate the system without warning of possible consequences when getting caught is pretty low.
Like no employers manipulate the system either, eh?
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  #35  
Old 28.11.2014, 09:30
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Re: Expected to continue working after being fired

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Even a standard termination with a graden leave is considered the second worst termination you can have (next to a "fristlose Kündigung"); a garden leave still expresses fundamental mistrust by your employer! No future Swiss employer wants to know this about a potential employee.
not really.
it can also mean that you are dealing with very confidential information etc, where an employer doesn't want a person in his notice period dealing with.
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Old 28.11.2014, 09:38
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Re: Expected to continue working after being fired

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Like no employers manipulate the system either, eh?
That's not the point. If the OP gets in trouble with SUVA or is taken to court for his outright deception, he may damage his reputation in the industry for a long time. The OP's goal is ultimately finding a new job that will give him the satisfaction he's looking for.
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  #37  
Old 28.11.2014, 09:43
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Re: Expected to continue working after being fired

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That's not the point. If the OP gets in trouble with SUVA or is taken to court for his outright deception, he may damage his reputation in the industry for a long time. The OP's goal is ultimately finding a new job that will give him the satisfaction he's looking for.
Again, who says anything about deception, read my post "wouldn't anyone be depressed if they are suddenly and unexpectedly fired..."
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Old 28.11.2014, 09:48
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Re: Expected to continue working after being fired

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Again, who says anything about deception, read my post "wouldn't anyone be depressed if they are suddenly and unexpectedly fired..."
Says the wolf to little red riding hood.
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  #39  
Old 28.11.2014, 09:50
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Re: Expected to continue working after being fired

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Go to you doctor, explain what happened and tell him you are now depressed, suffering from burnout and ask for a long term sick note.

Repeat until notice period is over.
This really is a stupid piece of advice as the company can request you go to a doctor appointed by them at their expense, so coming with a dodgy certificate under the circumstances with leave the doctor who issued wide open for the consequences.

You would get instant dismissal, with no pay and a certain penalty period before being aboe to claim unemployment.

As to the original question, if you expect to be paid, you need to work, it is up to the employer and only the employer to decide if you work your notice period or not. You may have some wriggle room as he asks you to work from home. If this is not a normal procedure, then you can refuse and request you work from a normal or similar position to usual.

There again..............it all depends why you really got fired...
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Old 28.11.2014, 09:57
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Re: Expected to continue working after being fired

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I'd also like to say that expats writing posts on how to deceive and manipulate the system without warning of possible consequences when getting caught is pretty low.
And who appointed you morality monitor for the day?
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