Discussion on question by spoodledy: Written warning for 5 minute late sick notification - Should I try to justify myself or just accept it?

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18:39

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Q: Written warning for 5 minute late sick notification - Should I try to justify myself or just accept it?

Basically I felt extremely sick one day - Still tried to go to work because I thought it might get better - It was already pretty late but I would have arrived in time. While driving to the company however I got extremely sick and turned around instantly. At home I quickly informed my colleagues...

Tymoteusz Paul

What good do you think will come from kicking up a fuss?

user447706

That's why I'm saying I'm thinking about just taking it and carrying on. Only reason I'm thinking about speaking out against it is because a written warning is still a pretty big deal, considering I could get fired after 3 or 4...

Mark Rotteveel

Where do you live (as in country)?

user447706

I live in Germany

nvoigt

Is your job something that actually needs a strict time? For example do you open the store at nine (kinda important) or do you just start at nine because the boss says so and your office work could be just as well done at 09:30?

Also, did you tell them that you tried to call as soon as you knew?

user447706

18:39

I didn't tell them anything yet, I just got the warning today, not directly by my boss - And we don't have strict times, as in I could come sooner or leave later if I wanted to but we need to be there at 9:00 and soonest point we can leave is 16:00

user447706

One more thing to add: I basically have no apprentice right now, I've had 2 and both of them left the company. The company is really unorganized when it comes to that because I am their first apprentice..

simbabque

Did you go to the doctor and get a sick note (Krankschreibung)? What's your company's policy on when you have to do that? By law it's the same day, but your work contract or a Betriebsvereinbarung can change this to up to three days where you don't need it. If you felt really sick, go to your doctor, get one, mail it (or email, depending on your process). That way you are following procedure. // Can you explain what your have no apprentice comment means? Are you saying you are the only Auszubildender, and there are no others? How did the other two leave? Leaving isn't that simple.

user447706

I did get a sick note from the doctor - The written warning was strictly because of the 5 minutes. The first apprentice I had did an.. well I'm gonna be blunt, he did a really bad job, I didn't learn anything, I had to teach myself - Which is why they assigned a different apprentice to me. That one aswell didn't teach me anything, because there was just too many tasks for them and not enough personnel. After a while the 2nd guy left due to indifferences with the higher-ups and then afterwards the 1st, original apprentice left too - Probably for the same reason.

user447706

Right now they've assigned one of my colleagues to take care of me, but as far as I know he is not really my apprentice by contract.

simbabque

I think you are mixing up some words here. Apprentice is the Auszubildender. Can you clarify with German terms please? From what I've understood so far YOU are the one being trained. You are the Azubi, right?

user447706

18:39

Oh sorry, I meant the apprenticeship instructor (Ausbilder) when I said apprentice. So yes, I am the Azubi.

simbabque

(Ausbilder is the person who on paper is doing your training. They can delegate to different other people to train you on specific things. Your company needs to have someone on staff who has an AEVO qualification from IHK (if we're talking about an apprenticeship that is run via IHK, not HWK) or they can't have trainees). It sounds like your company is small and inexperienced, and they don't know what they're doing. But it also sounds like this is HR doing a crap job, not related to your training at all.)

user447706

Yeah see, that's the thing.. This is actually a really big company and they are making rookie mistakes when it comes to my apprenticeship.. A lot of weird stuff has happened there.

user447706

Anyway, I'll probably just let my boss know my side of the story.. If he accepts it and maybe retracts the warning - cool - if he doesn't.. Whatever. From now on I guess I'll try to write an e-mail as soon as I feel remotely sick where I let them know that I MIGHT not come to work.

simbabque

I honestly think this issue is not related to you being a trainee. I think that's just a very inhuman HR process. Probably not even your boss, but really just HR. I'd let it go. They can't actually just fire you. If you look at the Ausbildungsgesetz you will see that there are only very few reasons to be fired. One of them is gross missconduct, but sending a sick note in a few minutes late is never going to hold up in court.

user447706

Honestly might be, I've heard several people say that the group responsible for written warnings and such has gotten significantly stricter. There's been a lot of changes recently in terms of data protection, security, branding etc - Maybe this is one of the side effects.

user447706

18:39

Oh well. Yeah, I'll probably let it go. Thanks for the chat though!

Captain Emacs

Do give a record of your actions. When did you Whatsapp, when did you phone and then, finally mail. Perhaps create a screenshot of your Whatsapp and phone history. Ask for the warning being removed.

BigMadAndy

Are you the same person who wrote this: workplace.stackexchange.com/questions/152886/… ? Because if you are, this would change the situation quite a lot as it wouldn't be your first time. Basically, if you aren't the same person, the company's reaction is unreasonable. If you are this person, you have been unreasonable for some time already.

nvoigt

Please clarify: the written warning was an "Abmahnung"?

user447706

@BigMadAndy no im not

user447706

@nvoigt yes

mikeazo

19:17

Need a moderator to lock the post so the OP stops self-vandalizing the post.

nvoigt

19:46

WTF happened to that Question? It looked like a normal, thoughtful question, why would they want to delete it and freak out about it?

mikeazo

20:23

@nvoigt, no clue. Perhaps ask on Meta?

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