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Update on the situation

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Update on the situation
Answer
9/15/05 4:22 PM
Hi, first thanks to all who answered with kind words and who contacted me pesonnaly for some job positions.

Just in case, I mainly search for a job in the Berlin area because I'm quite lazy to relocate again now, and as I said to some, unless the company pays the relocation.

Onye was right, there are only 2 reasons one can be fired: an extrem fault (and in this case it comes after 3 warnings) or the company being in a bad financial situation (not necessarily bankrupt).
So I decided to talk to my lawyer this morning and we are planning to bring the company on courts because I have 2 weeks to reject their decision.
I will surely not working for them anymore, but I don't want them play with others people's life just because they thing people don't know their rights.
As I came to know, during the whole time the company has to pay me my salary for all the time, so I really have nothing to loose.

Sometimes, I feel myself like a GC-Tester :-) I was the first from my country to come over and tested how the things were doing. I was one of the first to test the §9 and see how it goes. And some weeks and months ago, some people wanted to know what could happen if a GC got NE and is fired. Now I'm testing it and I will let you know :-)

But thanks for your support, I really appreciate that.

D.
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Re: Update on the situation
Answer
9/15/05 4:58 PM as a reply to NoBody.
@NoBody

Way to go man, thats the spirit...
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Re: Update on the situation
Answer
9/15/05 5:51 PM as a reply to NoBody.
@NoBody

NoBody, sorry for your situation. But I'm sure that you will find something better.
I would like to ask you one question:
Does it mean that everyone can bring the firm to court in case that he is fired, the firm is not in such a bad financial situation and he didn't receive any warning?
If yes, does it depend also how big is the company?
I am not sure, but I think that in small firms (up to 5-6 employees) there is not "Kundigungsschutz" at all, so one can not so easily sue his firm.

Do you now something about?
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Re: Update on the situation
Answer
9/15/05 6:05 PM as a reply to NoBody.
@BiliPiton

it depends on the size of the company, as you said for small companies, there is no Kündigungschutz but mine has something like 500 people so that's a big difference.

But yes, if the guy has done nothing bad and has received no warning, he can simply get the company to courts, but he has to be sure that there is nothing he did wrong, like stealing stuff or something.

D.
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Re: Update on the situation
Answer
9/15/05 6:11 PM as a reply to NoBody.
Hi Nobody,

Best luck for your Job Search..It seems ur company has taken a decision based on baised reasoning..Do fight and don't let them off the hook.


Best wishes..
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Re: Update on the situation
Answer
9/15/05 6:39 PM as a reply to NoBody.
I know of a case where the employee demanded 100thousand Euros but an Out of Court settlement was drawn for 50 K all decision in about 2 months time !!!
So Nobody go and fight for ur right !!
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Re: Update on the situation
Answer
9/15/05 7:09 PM as a reply to NoBody.
GCK2005 is right...and dont forget the educational scene from American Beauty where Kevin Spacey gets fired ;-)
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Re: Update on the situation
Answer
9/15/05 7:20 PM as a reply to NoBody.
@Ashkay

never seen American Beauty, I think I have to search for it on the net this week-end :-)

D.
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Re: Update on the situation
Answer
9/16/05 11:48 AM as a reply to NoBody.
@Nobody,

Yes, that's the spirit man.

I find good chances for your "Settlement" with the company.

But, make sure that you get a good lawyer.

Also, if you meanwhile find the job, then you may work as well.

Wish you best of luck.

A.T
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Re: Update on the situation
Answer
9/16/05 1:35 PM as a reply to NoBody.
Hi NoBody,
I want to ask you few questions:
1.You got NE and after lossing the job you can go and ask for Arbeitlohsinggeld in ABH?
2.Couse you have NE, there is no more limit for you that you must leave DE after Arbeitlohsinggeld is finished?
3.Now you can search any kind of job?
I just wonder about point 2 couse I do not know if after Arbeitlohsinggeld is finished and you have not find any job but you have NE, they can cut the NE...
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Re: Update on the situation
Answer
9/16/05 4:12 PM as a reply to NoBody.
@max

"1.You got NE and after lossing the job you can go and ask for Arbeitlohsinggeld in ABH?", not at ABH but Arbeitsamt, I'm just coming back from there to make an application for, they were kinda gentle as they saw that I could speak German (?) and had a NE, they just told me that they weren't the right place to get my case as I was too much "qualified" for the case they normally treat, so they have transfered me to another department og the AA, in some other place in Berlin.

"2.Couse you have NE, there is no more limit for you that you must leave DE after Arbeitlohsinggeld is finished?", no if I don't find a job before the ALG I finishes (and this is very unlikely to come as far as I've seen the different answers to my applications), I will have to switch to ALG II.

"3.Now you can search any kind of job?", you said it, but you know sometimes, when you reach a certain level, it's kinda hard to switch to a lower level, because your whole life (appartment, car and son on) is related to that level, so I'm searching in the area I work on for the last 7 years.
If you meant just in different kind but in IT, yes also, I already got an offer with a company I wanted to work with as freelance January last year, I should meet them again sometimes before the end of the month to discuss about that, but as they told me on the phone, it was already all OK for them and in fact, they are looking for more people to go freelance with them in Berlin. In case some1 is interested, just lemme know.

"I just wonder about point 2 couse I do not know if after Arbeitlohsinggeld is finished and you have not find any job but you have NE, they can cut the NE", it's nowhere written that they could do it. They gave you the right to stay as long as you want, doing what you want (except selling cracks and such stuffs :-)) and they can't get it out just because you got no job. But you know for people like most of the GCs and me included, staying without work, even if getting ALG, is not a suitable option. And without any kinda disrepect to the people who are receiving ALG and who prefer to get it instead of finding a job, my dad never taught me that way, never and I will never live like that, for my kids sake and because they need and ask for more than a dad sitting around doing nothing, I'm too proud for that.

Hate the game, not the player.

D.
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Re: Update on the situation
Answer
9/16/05 6:28 PM as a reply to NoBody.
Thank you for your kind answer.
I wish you all best and soon to find a job as you like.
Do not worry, I do not know you personaly but folowing you in the Forum I know that you kind of man who never give up so easy.
Best luck.
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