Short Answer
Employers can legally terminate your employment contract while you are registered on active medical sick leave.
The common belief that an official doctor's note grants complete immunity from corporate downsizing is an absolute legal myth.
What Most Expats Don't Realize
You received a physical termination letter via registered mail while recovering from surgery in a hospital bed, assuming the notice was completely illegal and void. You ignored the paper for three weeks, believing your medical status protected you from corporate adjustments automatically. The termination became permanently valid, causing you a complete loss of your job and your monthly income stream because you failed to challenge the letter within the legal deadline.
What To Do
- Show the physical termination letter to a specialized labor attorney the moment a family member or friend retrieves your mail.
- Ask your doctor for a detailed medical statement confirming your projected recovery timeline and current clinical diagnosis.
- "Ich fechte diese Kündigung an, da sie während meiner krankheitsbedingten Arbeitsunfähigkeit ausgesprochen wurde." (I challenge this termination, as it was issued during my illness-related incapacity for work.) — instruct your lawyer to file this argument in court.
The Truth
German law protects the sick, but it doesn't grant total immunity. However, firing a sick person is a PR and legal minefield that most established companies try to avoid unless they are desperate.