Sick after dismissal: What an electrician fought for

Yellow slip after termination - intentional or genuine illness?

An employee resigns - and suddenly falls ill during the remaining working hours. This or something similar is how a story begins that makes many employers suspicious. In this particular case, it was about an electrician who suddenly fell ill with tension headaches after giving notice - right up until the start of his remaining vacation. Coincidence? The employer didn't think so and refused to continue paying his salary of around 1,400 euros without further ado.

However, the case ended up before the Düsseldorf Regional Labor Court (LAG) - where the tide turned. The judges ruled: The man gets his money. Why? Because the so-called "yellow slip", i.e. the sick note, has a high evidential value - and this was not sufficiently refuted here.

Distrust is not enough - the employer must deliver more

It is true that in certain cases, employers may doubt whether a sick note is genuine - especially if it is issued "conspicuously in line" with the notice of termination or the start of vacation. According to the Federal Labor Court (BAG), the probative value of a certificate can be undermined, for example, if the sick note and notice of termination are submitted on the same day or if the sick note runs exactly until the last day of work.

This was exactly the case here: The sick leave ended the day before the remaining vacation. The employer suspected a tactical sick leave in order to conveniently bridge the notice period. However, assumptions are no substitute for proof. And this is precisely where the employer failed. The LAG allowed the man's doctor to testify - and she dispelled all doubts.

The doctor was convincing - sick leave was understandable

According to the doctor, the man was actually suffering from tension headaches - a diagnosis that is difficult to measure but is real. The plaintiff had been to the practice several times before with similar complaints. And: The decision to grant the two-week sick leave was made by the doctor herself, not the patient. For her, such a period is completely normal in cases of severe psychological stress - especially when the stress at work has been high for a long time, as is the case with dismissals and conflicts.

Whether the yellow slip ends on a Friday or Tuesday makes no medical difference, said the doctor. After the hearing, Judge Olaf Klein also saw no evidence of deliberate "trickery". The evidential value of the sick note remained intact - the employer had to pay.

Distrust is allowed - but it's not enough

Anyone who seriously wants to cast doubt on an employee's sick leave must provide more than mere suspicions. Doctors are not vicarious agents for convenient dismissals - and that's a good thing. The question remains: how many similar cases fail because no one has the courage to go to court? The yellow certificate is not a free pass - but neither is it a plaything for conjecture.