Retirement home employee terminated after corona demo - she refused corona test

An employee of a retirement and nursing home took part in a large demonstration in Berlin against the corona requirements and then reported sick.

What is the legal situation?

A senior citizens' and nursing home in Schleswig-Holstein gave an employee

because she

refused a corona test *

after participating in the

in Berlin.

The German Press Agency (dpa) reported on Wednesday (September 3, 2020) after other media had previously reported on the incident.

The care manager of the private facility had

confirmed

the

, wrote dpa on Wednesday.

In a

, particularly strict precautionary measures are required, which all employees must adhere to, he said, according to the dpa report, as a justification.

This includes, among other things, a

for symptoms of the disease.

Nursing home employee refuses corona test after demo - termination

The news portal ZDF.de also reported on the incident on September 2, in which the employee, according to reports, took part in the large demonstration in Berlin against the corona requirements at the weekend and then called in

sick

because of

.

According to the post on ZDF.de, a letter from the retirement and nursing home to the employee had previously caused heated discussions on social media.

ZDF.de quotes from the letter that reached the social media and was distributed there and commented on many times by users: “You can see on your Facebook account that you demonstrated at a rally against the mask requirement in Berlin last weekend .

Due to Covid-19, we asked you to take a corona test, but you refused.

You will hereby receive your termination without notice. "

Also read

Terminated - what is the legal situation?

What is the legal situation normally in such cases?

It

is controversial

among

lawyers whether the

effective, according to the dpa report from September 2nd.

The Hamburg professor Michael Fuhlrott, specialist lawyer for labor law is also quoted on ZDF.de: Such a termination without notice would generally hardly stand in front of a labor court;

The expert also describes the legal situation in the article as follows: “As an employee, you can initially do what you want in your free time.

That is none of the employer's business.

It only becomes problematic if such activities have an impact on the job - in this case because the lady has contact with risk patients at work. "

But a

is always the sharpest sword and beforehand there are also milder options that must be exhausted, explains the specialist lawyer for labor law according to ZDF.de.

For example, the home would have had the opportunity to

release

the employees without pay for the duration of the usual

of two weeks, the article goes on to say, in which the expert also explains: “The employer could say, for example:“ 'We can do you Do not employ or pay if you refuse to take the test because there is then a danger for the residents. '"

Find out here:

Termination: These are the most frequently asked questions

Termination: Employee was still in the trial period

The retirement home told ZDFheute that the woman, employed as a part-time worker, had done a good job so far, but that they no longer wanted to work with her, the report on ZDF.de said.

A danger for the home residents cannot be ruled out if they show up to work without a negative corona test despite symptoms.

The cleaning lady was still in the trial period.

Further reading

: Termination during the probationary period: What you need to know now

Source: ZDFheute / ZDF.de;

dpa