74
votes
In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?
Your employer is most likely bluffing. It is better to be fired than to quit voluntarily.
The problem with quitting voluntarily is that you won't get unemployment benefits (Arbeitslosengeld I) for a ...
- 24.1k
16
votes
In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?
Is it fine to threaten an employee like this?
No. It's actually a crime (StGB §240 Nötigung).
If they can do it that way, what are the consequences?
They absolutely cannot. Ending an employment ...
12
votes
In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?
amon gives a good answer, but let me approach it from a different direction.
Frankly you don't want to be working for a company that wants you gone. Even if they can't get rid of you, they can make ...
- 2,004
8
votes
Accepted
Can your previous employer force you to help them with something?
It is not uncommon for an employer to ask a former employee to assist with something as a courtesy, and sometimes the former employee will choose to do so. If it requires more than a small amount of ...
- 114k
5
votes
Accepted
Which law regulates child labor for a teen that has dual citizenship?
You'd have to look careful for example at the Taiwanese law. Does it disallow companies in Taiwan to hire minors, or does it disallow minors to take jobs in Taiwan? In 99.99% of all cases the effect ...
- 35.1k
4
votes
What is it called when you are forced to breach a contract?
The term for a case where a party is forced to breach a contract depends on whether the breach was caused by human-caused or natural events. If it was caused by people (e.g. you couldn't get to work ...
- 17.1k
4
votes
Accepted
What state labor laws apply when you're working remotely from a different state?
As seen here, the laws of the employee's state and city are controlling, and not that of the employer. A person working for a North Dakota company in Seattle is owed at least Seattle minimum wage. ...
- 216k
3
votes
What is the legal term for someone who performs work in return for money, regardless of whether the man or woman is an employee or contractor?
As far as the language is concerned, the term is worker.
But it is not used much in legal context precisely because of its ambiguity, and the ubiquitous need to be clear whether employee or contractor ...
- 28k
3
votes
Which law regulates child labor for a teen that has dual citizenship?
Taiwanese law applies to employees in Taiwan regardless of their citizenship.
- 218k
3
votes
Employer is paying me hourly, but not paying me overtime
This Dept. of Labor page indicates that executive, administrative and professional employees are in the exempt category, and the corresponding regulation 29 CFR §541.200 agrees, as long as you make at ...
- 216k
3
votes
Protection in international law against employment termination following mass political strike?
The International Covenant on Economic, Social and Cultural Rights agrees in Art. 8 that
The States Parties to the present Covenant undertake to ensure...(d) The right to strike, provided that it is ...
- 216k
2
votes
Can your previous employer force you to help them with something?
Short Answer
No (with exceptions and qualifications). It might be wise to try to help and there are narrow circumstances where it might be required.
Long Answer
In general, there is no legal ...
- 230k
2
votes
Accepted
Are employers required to pay for your vacation days you haven't taken in the U.S.?
In California
As expalined in the California Employment Law Report the law provides -
No use-it-or-lose-it policies permitted.
Under California law, vacation is treated the same as earned wages and ...
- 13.2k
2
votes
What is the legal term for someone who performs work in return for money, regardless of whether the man or woman is an employee or contractor?
It depends on the context.
If this kind of entity is defined in a contract, one could use any term to have the meaning you ask about, like "worker." One could even create a contractually ...
- 65.7k
2
votes
What is it called when you are forced to breach a contract?
This is on you, unfortunately
Under my agreement with the union, I agree to be sent where the union
sees fit, and not quit.
So you agreed to this
Having recently completed a job, the contractor ...
- 7,415
1
vote
What is it called when you are forced to breach a contract?
Impossibility to perform the actions required from you in a contract is a credible defense to contract breach.
The impossibility standard is quite literal. It cannot just be hard or inconvenient for ...
- 5,057
1
vote
In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?
I suggest that you inform HR of this verbal threat. Since there is no evidence right now that you have done anything that allows them to fire you, a threat "we will search and find a reason to ...
- 35.1k
1
vote
Can company require me to pay back IT certification exam fees if I leave the company?
WV is also an at-will-employment state, so I'm wondering if the
company can just say, "Sign the paper or you're fired".
They can. And, every U.S. state except Montana is an "at will&...
- 230k
1
vote
Protection in international law against employment termination following mass political strike?
No
Unless the workers are engaged in international trade, international law does not affect them.
- 218k
1
vote
Why does a mandatory lunch break not count as "waiting time?"
It's not waiting time because the employer is required to give a lunch that is at least 30 minutes long and employees are not supposed to be working during this lunch. Keep in mind a fact sheet is not ...
- 2,300
Only top scored, non community-wiki answers of a minimum length are eligible