Sick at the click of a mouse – and suddenly unemployed
Reporting sick from your sofa – sounds like modern convenience in the digital age. A few clicks, an online form, a doctor's note by email. No doctor's visit, no waiting time, no small talk in the waiting room. That's probably what an IT consultant thought when he decided to take sick leave online in the summer of 2024 – without consulting a doctor. In the end, it cost him not only his sick pay, but also his job.
The "sick note" came from an online platform that simply evaluated a questionnaire—and the certificate was marked accordingly: "Remote examination by questionnaire only." It sounds harmless, but it isn't. From a legal perspective, this is not sufficient to constitute a genuine certificate of incapacity for work. The verdict has now been handed down: termination without notice—legally binding.
Court finds serious breach of trust
While the Dortmund Labor Court was initially lenient and considered a warning sufficient, the Hamm Regional Labor Court was significantly less forgiving: the employee had deliberately deceived his employer about the nature of his sick leave, thereby permanently destroying the relationship of trust. For the court, this was a clear reason for dismissal.
Incidentally, the employer hadn't even noticed anything was amiss. A colleague was puzzled by the note on the doctor's certificate, reported it to the HR department—and the ball started rolling. For the employee, this was more than just annoying: with a monthly salary of over €5,000, losing his job was not only a legal disaster but also a financial one.
The warning was there—but nobody read it.
Even more controversial: the platform that issued the certificate even warned its customers—officially. Anyone who obtains a sick note without consulting a doctor should first check with their employer to see whether it will be accepted. And if not? Then at least they will get their money back. The fact that this warning was apparently overlooked does not make the situation any better.
This shows that not only was a law violated here, but that it was done deliberately. Of course, not every online service is automatically problematic—but when even the operators themselves urge caution, it's time to sit up and take notice.
Not all illnesses are the same – and online is not always valid
What remains is a clear message to all employees: a sick note is more than just a piece of paper. It's about trust. And about proving that a genuine medical assessment has taken place. An online certificate can be completely legal – if it is based on a genuine medical consultation, whether by video, telephone, or in person. But simply filling out a form is not a medical examination – it's playing with fire.
Our classification
No matter how you look at it, anyone who cheats when it comes to sick leave risks more than just a warning. Especially in times when companies depend on reliability, the relationship of trust with the workforce is a valuable asset. No clever mouse click can help here—only common sense.
Source: HNA.de
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