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Old 21.09.2010, 11:09
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Complicated leaving situation and Zeugnis

Hi all,
Please can you help clarify for my friend his situation with the Zuegnis.

He is due to resign this week to go to a direct competitor, he will be asked to leave the premises within the hour and put on garden leave for his 3 month notice period.

He has already signed the contract with his new employer.

This week however he is part of an internal audit for some irregular process that he mistakenly did as part of a deal. (Nothing overtly dodgy and no personal gain) more a lack of experience that led to standard business practices not being followed. The outcome of which could be just a warning right through to being fired.

He is an immaculate employee otherwise, always outstanding marks in appraisals and placed on internal top achievers programmes.

Three questions
Can they fire him with immediate effect during his resignation/garden leave period?
If they do fire him, will his departure be recorded as a resignation or a sacking seeing as he will have resigned first?
For the Zuegnis, will a sacking be mentioned? Do they have the right to withold one until the internal audit is complete and if negative will he have the right to argue for a positive one given his otherwise immaculate 10 yr employment with them?

Thanks people
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Old 21.09.2010, 11:56
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Re: Complicated leaving situation and Zeugnis

I am not too sure you can fire someone who has already resigned ?
As a contract, the termination clause is invoked by one party and no other clauses can be invoked after that.

It might affect references though.
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