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Old 07.04.2010, 21:39
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What's the catch?

I've got sms from my employer, which says:

... your employment with xxx is hereby terminated. In respecting your contractual notice period the termination date is May 31, 2010. While of course your salary will be paid until that date. I relieve you of your work presence duties with immediate effect and officially instruct you not to come to the office from tomorrow on or otherwise enter any xxx premises anymore. The personal things on your desk will be sent to you by mail immediately. It is important that you comply with these instructions. I have to point out that failure to do so would result in immediate termination for cause ( without notice period ). A formal termination letter is on it's way...

--------------------------------------

I'm totally fine with not going to the office until end of May and getting money. I just wonder if there might be any catch like taking notes I'm not going to the office and terminating within couple of days? Am I missing something here?
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Old 07.04.2010, 21:42
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Re: What's the catch?

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I've got sms from my employer, which says:

... your employment with xxx is hereby terminated. In respecting your contractual notice period the termination date is May 31, 2010. While of course your salary will be paid until that date. I relieve you of your work presence duties with immediate effect and officially instruct you not to come to the office from tomorrow on or otherwise enter any xxx premises anymore. The personal things on your desk will be sent to you by mail immediately. It is important that you comply with these instructions. I have to point out that failure to do so would result in immediate termination for cause ( without notice period ). A formal termination letter is on it's way...

--------------------------------------

I'm totally fine with not going to the office until end of May and getting money. I just wonder if there might be any catch like taking notes I'm not going to the office and terminating within couple of days? Am I missing something here?
Wow an sms, no guts to tell you face to face. sorry to hear the news.
not working and getting paid is just garden leave , same thing happened to me , but without an SMS
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Old 07.04.2010, 21:42
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Re: What's the catch?

Did you get that sms on the 1st of April? If you did then ignore it. Unless you did something really really bad (like burning the building down) thats a very very smelly fish
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Old 07.04.2010, 21:45
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Re: What's the catch?

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Did you get that sms on the 1st of April? If you did then ignore it. Unless you did something really really bad (like burning the building down) thats a very very smelly fish
No, came in 30 minutes ago. The boss always was a bit hysterical, guess today's client step on his something.
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Old 07.04.2010, 21:46
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Re: What's the catch?

What is your contractual notice period? When did you get the SMS?
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Old 07.04.2010, 21:47
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Re: What's the catch?

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No, came in 30 minutes ago. The boss always was a bit hysterical, guess today's client step on his something.
or he didnt get laid recently
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Old 07.04.2010, 21:47
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Re: What's the catch?

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not working and getting paid is just garden leave , same thing happened to me , but without an SMS
Well, that really depends IF not working won't result immediate termination with salary cut.
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Old 07.04.2010, 21:48
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Re: What's the catch?

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What is your contractual notice period? When did you get the SMS?
One month notice, got sms 40 minutes ago.
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Old 07.04.2010, 21:49
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Re: What's the catch?

SMS is not likely to count as an official notice. You can say you never received it, or deleted it without reading, or had lent your phone to someone else.

Just go to work as normal and see what happens. Could be someone having a laugh. If it turns out to be real, go to HR and ask if SMS is the normal way they handle official communications and state you're going to seek legal advice. Then do that.
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Old 07.04.2010, 21:49
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Re: What's the catch?

it should state in your termination letter what the conditions are
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Old 07.04.2010, 21:50
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Re: What's the catch?

oh ! I am so sorry for you. Does anybody know if it's allowed to do something like that in that way ?
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Old 07.04.2010, 21:52
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Re: What's the catch?

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SMS is not likely to count as an official notice. You can say you never received it, or deleted it without reading, or had lent your phone to someone else.

Just go to work as normal and see what happens. Could be someone having a laugh. If it turns out to be real, go to HR and ask if SMS is the normal way they handle official communications and state you're going to seek legal advice. Then do that.
exactly. an SMS is not official communication. if your boss thinks this amounts to serving notice, then he is a moron.
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Old 07.04.2010, 21:54
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Re: What's the catch?

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it should state in your termination letter what the conditions are
So, I can miss couple of days waiting for the official letter? Worst case scenario - claim them as sick days. First good news so far.
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Old 07.04.2010, 21:54
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Re: What's the catch?

Then I would say there is no catch. I doubt that they could claim "Fristlos Kündigung" if you showed up at the office though. You may want to call them tomorrow and ask them to prepare the termination letter and you'll stop by and pick it up. But the SMS would probably be valid.

In any case, call your local RAV office tomorrow and ask them how to proceed.

And whatever you do, be polite and civil when you talk to your employer. You still want a reference letter and there is no reason for you to lower yourself down to their, in my view, primitive level.


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One month notice, got sms 40 minutes ago.
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Old 07.04.2010, 22:00
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Re: What's the catch?

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I've got sms from my employer, which says:

... your employment with xxx is hereby terminated.o
--------------------------------------

I'm totally fine with not going to the office until end of May and getting money. I just wonder if there might be any catch like taking notes I'm not going to the office and terminating within couple of days? Am I missing something here?
You need to be given the notice in writing and you are normally given something to sign, otherwise you can say that the notice hasn't been communicated to you.

If your notice period is 2 months (by law if working in that job for > 1 year I believe), then you should have got it in writing by end of March for your termination to be end of May. They should be paying you until the end of June with 2 months notice giving in writing now.
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Old 07.04.2010, 22:01
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Re: What's the catch?

I am pretty sure that any form of firing needs to be signed. Yes, the letter is in the way, but when it happened to me once, my boss made sure that an HR lady was with him as a witness. Alternative is a signature letter which serves as proof that you picked it up at the post...

If you are fine with getting fired, you should simply call your boss and ask if the SMS is in fact correct. It could after all be a bad joke... I have seen very bad examples of "downsizing", but a boss that is not even man enough to talk at least on the phone is just unbelievable. I am sure they could not fire you immediately if you do show up, but hey: If you are fine with it... just keep the SMS and stay at home.
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Old 07.04.2010, 22:04
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Re: What's the catch?

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I am pretty sure that any form of firing needs to be signed. Yes, the letter is in the way, but when it happened to me once, my boss made sure that an HR lady was with him as a witness. Alternative is a signature letter which serves as proof that you picked it up at the post...

If you are fine with getting fired, you should simply call your boss and ask if the SMS is in fact correct. It could after all be a bad joke... I have seen very bad examples of "downsizing", but a boss that is not even man enough to talk at least on the phone is just unbelievable. I am sure they could not fire you immediately if you do show up, but hey: If you are fine with it... just keep the SMS and stay at home.
make sure you double check it though. You dont want to be set up by some idiot collegue
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Old 07.04.2010, 22:06
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Re: What's the catch?

Actually, also an oral notice is valid. However, it is of course difficult for the parties to prove and the burden of proof is on the employer so it is usually always done in writing.

The employee always has the right to ask for the reason of notice in writing. Thus, that is what I would recommend the OP to do tomorrow, both via a phone call and in writing (registered letter).

Another aspect is how reasonable it is that one can expect the receiver to actually receive the message. That would be interesting if the SMS was sent at the end of the month. In this case, the SMS is however sent at the beginning of the month so it really isn't relevant in this case.
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Old 07.04.2010, 22:06
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Re: What's the catch?

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In any case, call your local RAV office tomorrow and ask them how to proceed.
Sounds like a plan. Thanks.
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Old 07.04.2010, 22:14
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Re: What's the catch?

what's the catch?...this is the same person who started a thread on how to give notice to quit this very same job
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