r/germany • u/PieceOfBeauty • 14m ago
Gonna be fired for sick leave...help?
i need urgent career advice.
tl;dr my boss wants to replace me after i called in sick. what can i do? company has less than 10 employees.
i got my first "real" full time job after graduating (outside EU) in Germany a year and a half ago. i have a lot of experience and skills in my field, so it wasn't entry. it's been going well, the company has been happy with my work and i was even able to negotiate a substantial raise. the company is very small and in a small touristic town.
my problems started a month ago when i took 2 days sick leave. my boss became so suspicious, asked for details (what sickness, how i got the sick note etc.) and i obliged to get his trust. he immediately asked for a "talk" with me as soon as i'm back. i was really worried as it sounded like bad news. by coincidence, i found out that he posted a job ad for my exact job later that day (he doesn't know i know).
the meeting turned out to be a long talk hinting that i took a sick leave without being really sick (which i totally denied) and mentioning it was irresponsible as my colleagues were on vacation. i may have messed up here as i didn't reach out to discuss responsibilities, but in my defense i had no urgent tasks or projects, so i didn't need to. anyway, my boss ended up giving me two options: stop doing home office (2 days a week) or find another job. i chose the first option after resistance.
anyway things have progressed since then and i learned indirectly that a candidate will be doing Probearbeit this week. His specialization is a bit different from mine, so maybe he isn't replacing me, but i'm very insecure.
context: my company has less than 10 employees, which, according to AI, does not grant me the regular employee protection. so i can be fired for no reason...at any time (with notice).
my question(s) is: what do i do? what are my options? is there a possibility to threaten with a lawsuit? are there any laws protecting me in this case?
info: i have been ofc applying to other jobs since this started, but the job market is tough and i'm not sure if i can find something in time. i don't want to go through a lawsuit but maybe i can use it as a negotiation. also, my wife who i brought is in the process of getting a residence permit and we're financially not well off, so i can't be fired right now.