Employer wants to get rid of you during sick leave

You are sick and you sense it: your employer wants you gone. The tone changes, conversations become more formal, and things are being said that worry you. How do you recognise the signals? And what can you do to protect your position?

Do you recognise this?

It started subtly. Perhaps a remark about "the future of the collaboration." Or an HR meeting that felt more like an exit conversation. Your employer asks whether you have "thought about alternatives" or speaks about "a fresh start."

Or it is less subtle. You are no longer included in team meetings. Your tasks are being transferred to colleagues. A track 2 trajectory is started while there are still possibilities in your own position. Or a settlement agreement is put on the table.

The feeling that your employer wants you gone is frightening. You are sick, vulnerable, and now you must also defend your job. The stress this causes does not help your recovery — quite the opposite.

The good news: during sick leave you are legally protected against pressure to end your contract. But that protection only works if you know how to use it. Also read the broader page about dismissal during sick leave.

Signals you recognise

  • -> "Have you thought about your future?"
  • -> Tasks are being quietly transferred
  • -> HR is suddenly involved in meetings
  • -> Pressure for reintegration outside the company
  • -> Tone becomes formal and distant
  • -> Settlement agreement or "proposal" is offered

Why employers do this

1

Cost of long-term absence

Two years of continued salary payment, reintegration costs, replacement — sick leave is expensive. Some employers calculate that a departure package is cheaper than waiting two years. That calculation is not always made in your favour.

2

Lost confidence in return

After months of absence, the employer doubts whether you will come back. Especially when the prognosis is unclear or previous reintegration attempts have stalled. The employer then seeks certainty — and finds it in termination.

3

Pre-existing conflict

If there was already a strained relationship before your illness, the employer may see the sick leave period as an opportunity to end the employment. The illness becomes not the reason, but the moment to take action.

What you need to know

The dismissal ban protects you

During the first two years of illness a dismissal ban applies. Your employer cannot simply dismiss you. This is your most important protection. Read more about the dismissal ban and exceptions.

Signals are not yet dismissal

That your employer wants you gone does not mean they can make it happen. As long as you are sick and cooperate with reintegration, your legal position is strong. But you must actively safeguard that position — passively waiting is risky.

Everything you do (or do not do) becomes part of the file

Your employer may be building a file. Every missed appointment, every unanswered email, every refusal can be used. Ensure your behaviour is impeccable and document everything you do.

A settlement agreement is always voluntary

If a settlement agreement is put on the table: you do not have to sign. Ever. The dismissal ban gives you the luxury of saying "no." Read more about settlement agreements during sick leave.

What can you do?

1

Document everything

Record conversations, save emails, make notes after phone calls. Send confirmation emails: "To confirm our conversation today..." A good file protects you if the situation escalates.

2

Cooperate fully with reintegration

Follow the company doctor's advice. Attend appointments. Respond to messages. Your cooperation is your strongest weapon against employer accusations. Do not give grounds for a salary stop.

3

Respond in writing to signals

If your employer hints at departure, respond by email. "I understand you have doubts about my return, but I am focusing on recovery and reintegration per the company doctor's advice." This records your stance in black and white.

4

Involve the company doctor

Inform the company doctor about the pressure you experience. This is relevant for your treatment and is recorded in the file. If the pressure impedes your recovery, the company doctor should establish this.

5

Sign nothing under pressure

If a settlement agreement or other proposal is presented: take your time. You are under no obligation. Request time to consider and always have the document reviewed legally first.

6

Seek legal assistance

The sooner you engage professional help, the stronger your position. A legal adviser can assess how serious the signals are and develop a strategy to protect your position.

Protected vs. vulnerable

Your position is strong when:

  • You are sick and the dismissal ban applies
  • You cooperate with reintegration
  • You follow the company doctor's advice
  • You document everything in writing
  • You sign nothing under pressure

Your position weakens when:

  • You ignore reintegration obligations
  • You do not respond to messages
  • You miss appointments without good reason
  • You hastily sign a settlement agreement
  • You respond verbally without evidence
  • You react emotionally instead of professionally

Common situations

"My employer says there is no place for me anymore"

"After six months of sick leave my manager says my position has been filled and return is not possible."

Your employer must investigate reintegration into your own position — even after six months. The fact that your position has been temporarily filled does not mean return is impossible. Ask the company doctor for an assessment of your possibilities and ask your employer in writing what track 1 efforts have been made.

"HR suddenly starts talking about 'options' and 'arrangements'"

"I was invited to a meeting with HR. They talked about 'what options there are' and 'a proper arrangement.' I felt ambushed."

This is a common way to introduce the topic of termination. Do not engage with proposals without legal advice. Say you are focusing on recovery and that you want to have any proposal reviewed first. Confirm the meeting by email.

"I am no longer invited to team meetings"

"Since my illness I am no longer involved in anything. It feels like they pretend I no longer exist."

Exclusion during sick leave can be a signal, but may also be practical. State in writing that you wish to remain involved in relevant developments within your capabilities. This shows your engagement and makes it harder to claim you no longer have a connection with the company.

"My employer says the relationship is 'irreparably damaged'"

"After a conflict about my reintegration my employer says the trust relationship is irreparably damaged."

This is a legally charged term that employers sometimes use as a stepping stone to dissolution. Respond professionally: you regret the situation but are willing to work on restoring the relationship. Propose mediation. This demonstrates your constructive attitude and makes a dissolution request more difficult.

What MediRights can do for you

The feeling that your employer wants you gone is paralysing. You want to focus on recovery, but must simultaneously protect your position. That combination is exhausting.

MediRights assesses the signals and determines how serious the threat is. We analyse what your employer legally can and cannot do, and develop a strategy to strengthen your position.

If a proposal is presented, we assess it. If the pressure is unlawful, we intervene. The goal: protect your income and position so you can focus on what truly matters — your recovery.

Our approach

  • V Assessment of the signals
  • V Analysis of your legal position
  • V Strategy for position protection
  • V Assessment of proposals and settlement agreements
  • V Correspondence with employer
  • V Guidance through negotiation

Feel your employer wants to get rid of you?

Have the signals assessed and protect your position before it escalates.

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