No salary because I was sick?

I (F/22) started working at a retail company 4 months ago which I liked a lot at first, but after a while I noticed how the boss treated me and since I had a 6 month probationary period, I quit after 4 months.

Because I became ill shortly before I resigned, I was signed off sick for the remainder of my notice period.

Now I have the problem that my salary has not arrived yet, but everyone else in my company has. I will soon start my new job and need the money for bus and train travel.

The health insurance company only gives me sick pay after 6 weeks of illness, but since I was only ill for 3 weeks, I don't get anything here either

Can my old employer refuse to pay me the money or should I take legal action?

(1 votes)
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torboso
3 months ago

Due to a decision by the Landesarbeitsgericht Schleswig-Holstein (AZ: 2 Sa 203/22), a medical prescription that is in line with the termination period is very controversial. In the case before the LAG, the payment was dismissed. Other reasons were mentioned here, since the high level of evidence of the disability certificate was confirmed, but you can also consider this if you were working only a few days before the end of the notice period and the rest of the time was ill-written.

Otherwise, of course, you can complain to the labour court, but note that – whether you win or lose – your own attorney’s fees and half the court fees have to bear in a work process in the first instance itself (paragraph 12a ArbGG).

Xandros0506
3 months ago

I have been getting sick

You can’t, you can’t, you just a doctor.
And if the doctor could not find any reason for the medical prescription with you, he has put his admission into play with his document counterfeiting.

May my old employer refuse the money

If he doubts the medical report! Then he will have to send you to an official who must confirm your doctor’s medical report….

After termination is always a quite clear sign of acute loss and often has nothing to do with an actual disease. So a very striking behavior, which justifies a despair.

Callidus89
3 months ago

May my old employer refuse the money

Sure. If he can prove you weren’t really sick.

should I take the law?

Thin ice because you yourself have violated the law.

I’d just ask what’s going on before I start a fight.

Pennerelite
3 months ago

No, you’re entitled to the money.

Of course, if you were properly ill-written and what I had unfortunately, in my youthful recklessness.

CamelWolf
3 months ago

What else do you want from your employer?

peterobm
3 months ago

I have been getting sick

so without eAU and he gave you the time limitless. that is fraud

in which doctor you were, and what is the diagnosis-presseritis, shouldly be