# my boss is arbitrarily withholding my final salary



## CookehMonsta2 (Sep 3, 2016)

Hi,

I joined German company, was relocated over from Australia. The bosses turned out to be awful, the workload crazy, and I was on the verge of a nervous breakdown. So I gave my notice at the start of the month.

Nowhere in my contract is there a minimum employment period specified, nor are there any conditions attached to the relocation cost refunds. Now they are claiming I owe them this, in the FINAL week of my employment and a week before I fly back to Australia.

Is there any legal basis for their claim? Also where can I find an english speaking lawyer specialised in labour law in Berlin?


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## *Sunshine* (Mar 13, 2016)

Contact the Agentur für Arbeit First thing tomorrow morning. There is a simplified process to sue employers for wages and the Agentur can assist you.


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## Nononymous (Jul 12, 2011)

Apparently my first reply contained too many clues on how to use your preferred search engine to find that other popular forum for expats in Germany, which is where I'd go to ask for the name of an English-speaking employment lawyer.

The rest of the reply went as follows.

It's possible that you're in some sort of extended Probezeit where normal employment contract rules don't yet apply. Or your employer is just royally pissed that you didn't work out and they're trying to recoup the relocation costs, whether that's legal or not. As with the business of your apartment deposit (earlier thread) they probably figure that you're not likely to sue once you're back in Australia.

If you're leaving next week I'd just walk away, you've probably got enough on your plate. Consider this adventure a bad and expensive piece of life experience.


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## CookehMonsta2 (Sep 3, 2016)

Do unsigned emails have legal validity in Germany? We agreed in an email to a minimum employment period, but then this was not included in the employment contract I signed.


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## Nononymous (Jul 12, 2011)

No clue, sorry. Lawyer up or walk away, basically.


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## kanadanicht (Aug 18, 2016)

CookehMonsta2 said:


> Do unsigned emails have legal validity in Germany? We agreed in an email to a minimum employment period, but then this was not included in the employment contract I signed.


But if you agreed to a minimum period, then why do you complain? You can close contracts by verbal agreement like buying apples on markets. Therefore most legalese includes catches making written form a requirement for subsidiary agreements. If the emails were exchanged after you signed your contract I wouldn't waste my time arguing emails weren't an acceptable type of legal form. Even less so if you are planning on leaving. Your lawyer might just pocket your down payment and forget your case.


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## kanadanicht (Aug 18, 2016)

Allow me to reiterate the key bit not obvious to the legally untrained. If the emails were sent after signing the contract, they may be seen as subsidiary arrangement. If the contract is signed and dated, meaning the date you put when you signed, after you sent your mail agreeing to a minimum period, and your contract has no mention of neither minimum period nor prior mail exchange, then the contract overrides any prior agreements.

One thing to keep in mind when leaving is that however bad a situation may seem, one can always make it worse, and for IT contractors reputation is essential. No one likes to hire folks that sue on top of not having met expectations. And you'd be surprised what background screening private eyes come up with - drilling right down to the names of your foreign landlords from 7 years ago.

Being nice will benefit your Karma


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## CookehMonsta2 (Sep 3, 2016)

We were in contract negotiations via email, where I agreed to the minimum term. A week afterwards the contract, which did NOT have that condition, was signed by both parties. I've lawyered up and he has confirmed this.

**** them to death, we're leaving because my partner has very sick family members to be there for, and this employment has been an absolute nightmare, it caused total burnout and mental illness, which I am also going to be suing for and seeking compensation. 

Sorry you finger-wagging moralists, YOUR BOSS IS NOT YOUR FRIEND!!! Immaterial wage labour is brain prostitution. I feel no guilt at all for "screwing" them over, after what they have put us through. 
Bridge well and truly burned, but I don't care. I've worked long long enough to not put up with nonsense then care about a dreary "career", sorry there is more to life than breaking your back for work.


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## kanadanicht (Aug 18, 2016)

Good luck then with your case, from what you write I agree your boss has no contractual backing for withholding pay.

Didn't mean to moralize, just a lesson learned no matter how bad a disagreement or unfair a boss, you want to be the side that remains reasonable, fair, and professional. Which doesn't say you let them walk all over you.


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## CookehMonsta2 (Sep 3, 2016)

If my former boss decides to ignore my lawyers demands for my final salary, I want to take him to court. 
In Germany, in a civil court case, if a court ruling is in favour of the plaintiff, can the judge order the party in the wrong to pay the plaintiff's legal costs?
If not, I will still take him to court, as long as legal costs don't exceed the money he owes me, Even if I get one euro back. This is is pure spite.


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## CookehMonsta2 (Sep 3, 2016)

If my former boss decides to ignore my lawyers demands for my final salary, I want to take him to court. 
In Germany, in a civil court case, if a court ruling is in favour of the plaintiff, can the judge order the party in the wrong to pay the plaintiff's legal costs?
If not, I will still take him to court, as long as legal costs don't exceed the money he owes me, Even if I get one euro back. This is is pure spite.


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## *Sunshine* (Mar 13, 2016)

Why don't you just go to the Agentur für Arbeit? It won't cost you anything and has the added bonus if your employer is actually illegally withholding your last salary, they'll probably have difficulty hiring foreigners in the future.


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