Your employer issued you a Formal warning ("Abmahnung")
Warning - What now?
SOUNDS MINOR - IS MAJOR
When an employer issues a written warning, there’s often more to it than just a simple reprimand.
How you should respond to a written warning depends heavily on the individual circumstances.
I would be happy to analyze your specific situation and discuss the next steps with you!
A warning letter is a reprimand from your employer for conduct that violates your contract, gives you the opportunity to correct this conduct, and warns you of possible employment law consequences in case of a repetition.
Last resort: termination
Repeated violations despite a warning often lead to Termination of employment.
Therefore, upon receiving the first warning, it is essential to carefully examine whether the employer has complied with the formal requirements for a warning, whether the described allegations are accurate, and whether they warrant a warning at all.
Whether it’s silence, a counterstatement, or legal action: Together we’ll determine the best strategy!
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Häufig gestellte Fragen
If you have received a written warning, several options are available to you. The appropriate response depends on the specific circumstances:
- You can simply ignore the warning or remain silent.
- You can write a counterstatement and submit it to your personnel file.
- You can submit a counterstatement with an objection and request that your employer remove the warning from your personnel file.
- You can file a lawsuit with the competent labor court to have the warning removed from your personnel file and the accusations withdrawn.
A written warning can have a number of negative consequences. Since it is typically placed in your personnel file, it can hinder your career advancement. Depending on the severity of the offense and the number of warnings, employment law consequences such as a transfer or even dismissal may follow.
If you have received a written warning, you can first contact your employee representatives within the company (especially your works council and/or the representative for severely disabled employees).
Regardless, you should have your written warning reviewed by a lawyer. Employers frequently make formal and content errors.
The number of warnings required before an employer is entitled to terminate an employment relationship is not legally defined. This depends on the individual case, i.e., the severity of the breach of contract and whether, given the repeated breaches, continuing the employment relationship is reasonable for the employer. Therefore, it may be that a single warning is sufficient.
Employees often receive an invitation to a meeting with HR, during which they receive a written warning. They are generally obligated to attend such a meeting. However, your employer may not summon you to the meeting under false pretenses but must inform you of the reason beforehand so that you can seek support from your employee representatives (works council, representatives for severely disabled employees) if necessary. You are not required, and should not, comply with the request to sign the written warning.