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  #1  
Old 23.03.2020, 20:23
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termination was threatened ?

Hi,


the wira has a questionnaire for the employer


"Wurde die Kündigung angedroht?"


I translated to google and it says " Has the termination been threatened ? "


What does this mean ?
  #2  
Old 23.03.2020, 20:47
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Re: termination was threatened ?

Quote:
Hi,


the wira has a questionnaire for the employer


"Wurde die Kündigung angedroht?"


I translated to google and it says " Has the termination been threatened ? "


What does this mean ?
There are 3 options when the company wants to change your position or contract.

1. They'll fire you but connected to the cancellation letter is a letter which states that the cancellation will be dismissed if you sign the new paper.

2. You are fired but presented a new contract which if you sign it would become valid the first working day after your previous contract stops.

3. They show you a new contract and tell you that if you do not sign that you'll be fired.

"Wurde die Kündigung angedroht" Relates to the 3rd option.
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Old 24.03.2020, 07:09
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Re: termination was threatened ?

Hey thanks.


I was not given a new contract or anything. They just fired me.


They told in my performance meeting that they will discuss my salary with the board of directors meeting which was scheduled to happened a week after. They told to the owner of the company that my performance is bad and bad behavior and he asked to fire me. After a month of the performance meeting, they fired me. Nothing was discussed about the termination of contract.



Should I say that the termination was not threatened ?
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Old 24.03.2020, 10:44
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Re: termination was threatened ?

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Should I say that the termination was not threatened ?
Indeed, you're fired that's all.
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Old 24.03.2020, 11:34
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Re: termination was threatened ?

The way I read it, and German is not my MT- the question is 'were you warned that you would be sacked' - and yes, you were, at the performance meeting.
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Old 24.03.2020, 11:39
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Re: termination was threatened ?

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The way I read it, and German is not my MT- the question is 'were you warned that you would be sacked' - and yes, you were, at the performance meeting.
They told him his salary would be discussed that is al we know, that has nothing to do with "angedroht"

angedroht means "either you do this or you're out"
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Old 28.03.2020, 06:53
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Re: termination was threatened ?

Quote:
They told him his salary would be discussed that is al we know, that has nothing to do with "angedroht"

angedroht means "either you do this or you're out"

Yes, exactly. They just told me they would discuss my salary. No ultimatum was given like you accept this salary or you are fired.
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Old 28.03.2020, 08:40
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Re: termination was threatened ?

I'm copying my own comment from another thread a bit further down, slightly adapted though:

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Options and they’re often mixed up:

1) Termination with immediate effect means “pack your bags and go and you will not be paid a single cent anymore”
2) Termination with contractual or legally minimum notice period, during which you will get paid and continue to work.
3) Same as 2), but you are sent on garden leave instead of continuing to work
.
In your case, if 1) is what happened, then I don't think the "warning" was sufficient. There was no mention of subpar behaviour in that initial conversation.

Beyond that, low performance normally isn't a case for 1) above either, even with warnings. 1) is really reserved for massive missteps, fraud, theft, sexual harassment - things like that. And even then they kind of need a warning and (shortish) timeline to improve/change behaviour.

So based on what you write here, and if 1) is what happened, I don't think there's sufficient ground for that.

If either 2) or 3) are the case, then there's nothing you can do as both are perfectly legal any time (well unless you're female and pregnant maybe).
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Old 31.03.2020, 21:20
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Re: termination was threatened ?

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I'm copying my own comment from another thread a bit further down, slightly adapted though:



In your case, if 1) is what happened, then I don't think the "warning" was sufficient. There was no mention of subpar behaviour in that initial conversation.

Beyond that, low performance normally isn't a case for 1) above either, even with warnings. 1) is really reserved for massive missteps, fraud, theft, sexual harassment - things like that. And even then they kind of need a warning and (shortish) timeline to improve/change behaviour.

So based on what you write here, and if 1) is what happened, I don't think there's sufficient ground for that.

If either 2) or 3) are the case, then there's nothing you can do as both are perfectly legal any time (well unless you're female and pregnant maybe).



My case was 3. The reason I asked the question was I received a letter from WIRA and they asked to comment on what the employer wrote to some questions. This is the link.


One of the questions was what I asked in the thread. My employers's response was that they did threaten me with a new contract but the truth is they did not. I did not understand what the question was and hence the post.


Again, I think wira will decide whether they will fine me for my payments depending on the reason as to why I was fired. The reason they gave are bad performance and bad behavior ( which are not true).
 

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