Nasty boss – Dismissed without notice as an employee?
In which cases an employee may resign without notice.
Ora Labora:
My new boss is obnoxious and really mean. As an employee, can I resign without notice?
Answer:
Hello Ora
As an employee, you can generally terminate your employment contract without notice if you can no longer reasonably be expected to continue the employment relationship in good faith until the end of the notice period.
As an employee, for example, you can resign without notice if your boss violates your personality, harasses, insults or threatens you.
In many cases, however, the situation is not so clear-cut. In addition, courts have a wide margin of discretion when assessing reasonableness. In such cases, it usually makes more sense to first give your boss a written warning or complain to your boss’s superior.
Another option – if the overall situation is causing you so much stress – is for your doctor to write you off sick until the end of the notice period (so-called job-related incapacity to work). This does not extend the notice period if you have given ordinary notice as an employee.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
