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Test Your Dismissal: Fired While Sick?

Were you fired when you were sick or became sick? Your employer is breaking the law. You have the right to your job back OR substantial compensation.

Test if your dismissal was legal

What you need to know:

  • ✅ Dismissal during illness is ALWAYS illegal
  • ✅ You have the right to 2 years continued pay (104 weeks)
  • ✅ Minimum 70% wages, often 100% per collective agreement
  • ✅ You get your job back OR compensation
  • ✅ Employer must prove illness was NOT the reason

When is dismissal illegal?

  • You are fired BECAUSE you are sick or became sick
  • You report sick and then your contract is not renewed
  • Employer says: "We can't use sick people"
  • You are fired during sick leave
  • Contract ends "coincidentally" shortly after reporting sick
  • Employer pressures you to quit during illness
  • You are forced to work while sick or face dismissal

What are your rights when sick?

  • Minimum 70% continued wages, often 100% (check your collective agreement)
  • Maximum 2 years (104 weeks) pay during illness
  • You CANNOT be fired because of illness
  • Right to re-integration (employer must help you return)
  • Company doctor must assess you (not your boss)
  • Privacy: employer may not ask about your diagnosis

What can a lawyer do?

  • Get your job back through court
  • OR: Demand substantial compensation (often 3-6 months wages)
  • Recover all missed wages
  • Enforce transition payment
  • Prove dismissal was illegal
  • Penalize employer for wrongful termination

Common situations (ILLEGAL)

  • You break your leg, report sick, and are fired the same week → ILLEGAL
  • "We won't renew your contract because you're sick too often" → ILLEGAL
  • You get flu, boss says "come to work or you're fired" → ILLEGAL + dangerous
  • Sick on Monday, fired on Friday → ILLEGAL
  • Employer doesn't continue pay during illness → ILLEGAL
  • "Foreigners don't get sick pay" → DISCRIMINATION + ILLEGAL

What if your temporary contract expires during illness?

  • Employer must prove non-renewal has NOTHING to do with illness
  • If you were often renewed, but NOW not → suspicious
  • Timing matters: right after reporting sick = illegal
  • Even with temporary contract you have right to continued pay
  • Lawyer can prove illness was the real reason

I fell from a ladder at work and broke my arm. The next day I was fired. I thought this was normal with a temporary contract. The lawyer got my job back + €8,000 compensation + all missed wages. It cost me nothing.

— Jan, Polish warehouse worker
Test if your dismissal was legal