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Old 22.04.2021, 14:46
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Recently lost job: 3 month delay in receiving unemployment benefits?

I'm hoping someone may help clarify something for me. My girlfriend recently had her work contract terminated and is applying for unemployment benefit. However, as she understands it, if her employer states that her dismissal was due to inadequate performance at work, then she won't recieve any unemployment benefits for the first 3 months after her dismissal. I had never heard this before and was quite surprised/concerned. Neither of us has German as our first language so perhaps we have misunderstood something. Can anyone clarify this for us?
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Old 22.04.2021, 15:07
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Re: Recently lost job: 3 month delay in receiving unemployment benefits?

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I'm hoping someone may help clarify something for me. My girlfriend recently had her work contract terminated and is applying for unemployment benefit. However, as she understands it, if her employer states that her dismissal was due to inadequate performance at work, then she won't recieve any unemployment benefits for the first 3 months after her dismissal. I had never heard this before and was quite surprised/concerned. Neither of us has German as our first language so perhaps we have misunderstood something. Can anyone clarify this for us?
As far as I know that isn't true, when you are fired you can begin a claim the moment your contract ends. It's when you voluntarily resign that there is a delay in receiving benefits. Contact your local RAV office and speak to someone, they are the ones who have the definitive answers to put your mind at ease.
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Old 22.04.2021, 16:21
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Re: Recently lost job: 3 month delay in receiving unemployment benefits?

If it is a "fristlose Kündigung" (immediate dismissal) due to, e.g. gross negligence, then the RAV can withhold payments up to a period of 60 days. The logic being that you are to blame for losing your job the same way as if you choose to resign. It's probably a backstop to prevent people from intentionally creating a situation where their employer has no other option than to fire them.

If you feel the immediate dismissal is unfair, you have to contest it right away.

There is also the broader concept of "self-inflicted unemployment", maybe run Google Translate over the respective articles of law, I couldn't find them in English within the time-frame of my break.
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Old 22.04.2021, 16:35
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Re: Recently lost job: 3 month delay in receiving unemployment benefits?

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If it is a "fristlose Kündigung" (immediate dismissal) due to, e.g. gross negligence, then the RAV can withhold payments up to a period of 60 days. The logic being that you are to blame for losing your job the same way as if you choose to resign. It's probably a backstop to prevent people from intentionally creating a situation where their employer has no other option than to fire them.

If you feel the immediate dismissal is unfair, you have to contest it right away.

There is also the broader concept of "self-inflicted unemployment", maybe run Google Translate over the respective articles of law, I couldn't find them in English within the time-frame of my break.
Gross negligence (and similar reasons for immediate dismissal) is serious... 'inadequate performance' is not. I hope that the OP's gf correctly understands the reasons for the firing and makes sure the company doesn't try to screw her.

Sure, maybe the OP's gf did something very incompetent outside of the realms of normality... but also some bosses are just petty narcissists who will actively try to make their employees lives a misery.
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Old 22.04.2021, 16:39
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Re: Recently lost job: 3 month delay in receiving unemployment benefits?

Even if someone is fired, there still might be instances of "Taggeldkürzungen" - payment being delayed for up to 60 days in cases where performance and/or conduct issues were the grounds for the dismissal. For 60 days, though, it needs to be pretty serious.



There can also be a delay if the person hasn't worked for 12 months over the past 2 years. Could this be an issue in this case?
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Old 22.04.2021, 18:17
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Re: Recently lost job: 3 month delay in receiving unemployment benefits?

Had she lodged a formal complaint against her former employer ?
Is she doing currently any work (Zwischenverdienst ) ?
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Old 23.04.2021, 19:57
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Re: Recently lost job: 3 month delay in receiving unemployment benefits?

It's important what would be written on the "l'employer attestation" form (that's the French name) which the employer must provide to your gf. I was in a situation where the dismiss letter sounded really bad but the attestation stated "company reorganization" as the reason so in the end I didn't even show the letter to the unemployment office IIRC, and all was fine.
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Old 25.04.2021, 09:42
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Re: Recently lost job: 3 month delay in receiving unemployment benefits?

having done the rav, may i point out that most of the people there are rather in adequate individuals, they spout rules,via a very wide interpretation of the system according to their own opinion of you, get legal advice,(union)and demand in writing what they say, i was laid off due to the company having no work, (bricklayer), as it was snowing i was told i was not entitled to anything as it did not cover bad weather, verbally she told me this, when i aske for this in writing, she changed her mind and i was awarded my money,
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Old 25.04.2021, 09:51
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Re: Recently lost job: 3 month delay in receiving unemployment benefits?

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having done the rav, may i point out that most of the people there are rather in adequate individuals, they spout rules,via a very wide interpretation of the system according to their own opinion of you, get legal advice,(union)and demand in writing what they say, i was laid off due to the company having no work, (bricklayer), as it was snowing i was told i was not entitled to anything as it did not cover bad weather, verbally she told me this, when i aske for this in writing, she changed her mind and i was awarded my money,
Just do what they ask you and make sure you apply enough. Their job is only to make sure you get a new job soon. 70% of your salary is nothing to sneeze at.

Good luck OP
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Old 25.04.2021, 17:56
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Re: Recently lost job: 3 month delay in receiving unemployment benefits?

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having done the rav, may i point out that most of the people there are rather in adequate individuals, they spout rules,via a very wide interpretation of the system according to their own opinion of you, get legal advice,(union)and demand in writing what they say, i was laid off due to the company having no work, (bricklayer), as it was snowing i was told i was not entitled to anything as it did not cover bad weather, verbally she told me this, when i aske for this in writing, she changed her mind and i was awarded my money,
Not sure calling people "in adequate" [sic] while making multiple spelling mistakes within a chaotic paragraph is a look I would go for... However, you make an important point about getting any concessions or denials of support in writing.
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Old 26.04.2021, 19:17
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Re: Recently lost job: 3 month delay in receiving unemployment benefits?

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having done the rav, may i point out that most of the people there are rather in adequate individuals, they spout rules,via a very wide interpretation of the system according to their own opinion of you, get legal advice,(union)and demand in writing what they say, i was laid off due to the company having no work, (bricklayer), as it was snowing i was told i was not entitled to anything as it did not cover bad weather, verbally she told me this, when i aske for this in writing, she changed her mind and i was awarded my money,
Same as for ski instructor in summer - what'd you expect ?
- you should ask perhaps for being skilled to what job you could do when it's snowing and have RAV pay for the training ?
- or ask for ticket to Dubai for few weeks when it's snowing here so you get some work and you be back once it's sunny again ...

there is people and there is RAV
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