By Ouka - 27/05/2015 09:18 - Germany
Ouka_fml tells us more.
OP here :) First of all, thank you all for your advice! I'm afraid though, that it's a rather small company (around 10 full time employees) so we don't have an HR departement. I'm not sure about the difference between "being fired" and "being laid off", but my situation could be described as: "being fired because my company decided to save some money and that they didn't need someone on the position I'm currently working at." Here in Germany we get ALG (Arbeitslosengeld, roughly translates to "unemployment money") for a year after working for at least two years. It's around 60% of the persons original salary. The catch is: you only get it, if you're fired or quit for (very) good reasons (harassment, threats, etc.). If you quit without one of those reasons you don't get anything for 1-3 months. Also you don't get it for 3 months if you're fired because of anything you did (stealing, forgery...) So it's a tricky situation right now. I wrote my boss an email explaining most of the things you stated (that I feel uncomfortable forging his signature, for example) and asking whether it wasn't possible for me to just write the notice and have him sign it as soon as he's back. This way I have to set the date back, because I can only be fired with a 2 months' notice which isn't stricly legal, but he agreed to it. He isn't really that bad of a person, actually that whole idea came from HIS boss and he was just the unlucky messenger. So yeah, I'm going to write the notice and put it on his desk to sign once he gets back and hope, the whole mess turns out alright.
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Sounds like a great boss...maybe you should forge his signature on the approval for your resignation?
If the business is forced to make him redundant it isn't the fault of the boss but of the business, for example using machines instead of people... the business has no use for as many people so they are made redundant and are given a notice and compensation until they can get back on their feet.
You had to write your own notice for enforced redundancy. Your boss threatened to fire you if you didn't forge his signature. Redundant enough?
#16 - I'm actually not sure myself, but based upon context, I'm guessing it's that the person in question was trained to do things multiple time, thus legally alleviating responsibility from the company they work for and taking responsibility for themselves, since they were taught to "double check" everything they do. That could be a home run or an air ball, hopefully somebody else will clarify for us.
#24 - Ahh, that could be it. Enforced redundancy could be a resignation letter in which the COMPANY is faulted because the employee feels they've overhired for the position, and he's basically treading water without enough to do each day. So, it's a way for the employee to earn some benefits, similar to a firing except more extravagant, but still be able to quit since it was the fault of the company in the first place for overestimating what it needed.
"Redundancy" is what we Americans call "laid off". If OP's position is redundant, the company either eliminated OP's job or is downsizing OP's department. It's technically being terminated, except OP is being let go because the job no longer exists, not because of OP's job performance. It's always better to be laid off than fired-- there is usually a severance package and the chance for a good recommendation for another job.
Here, I did it for you: "Employees are typically made redundant as a result of their employer needing to reduce its workforce or because the job they do is no longer required. This usually happens because a company needs to slash costs in times of hardship – or even because new technology has made employing someone unnecessary."
sounds like a visit to HR would be a good place to start. first of all, he's asking you to commit a crime, because i'm pretty sure that the idea of you signing his name is not legal in germany either. second, he's threatning you with unlawful dismissal. so you know you'er going down, the big question is.. how are you going to go down? i'd go to HR and explain the situation. at best, he'll be fired at worst, you'll be fired, but that was the idea to begin with, so see this as a chance to see if the company you're working for is worth anything. if they are, you'll be rewarded but will get some shit for a while. if not, you're lucky to be rid of them. either way you'll win. just hang in there and remember to get legal counsil / perhaps if you are in a union, get the rep to sit in with you when you go to HR with the issue. good luck OP
18, there are laws governing wrongful termination in most countries. At the same time though I know some states in the US also do not have them in place, such as Oklahoma is called an "at will" state, meaning they can let you go at any time without reason. Hopefully OP is not in a position where this is the case and could take it to court.