Employers have the option of issuing a warning to an employee for certain misconduct that they consider to be in breach of the employment contract.

Such a warning is intended on the one hand to inform the employee of the misconduct complained of and on the other hand to warn him that if the behavior complained of occurs again, the continued existence of the employment relationship is at risk and he must then expect to be dismissed by the employer for conduct-related reasons. Finally, a warning, ideally in writing and included in the personnel file, also has the function of preserving evidence and documentation.

Under certain circumstances, one of these conditions may not be clearly met, with the result that it is merely a so-called warning, which in turn regularly does not allow for dismissal for conduct-related reasons in the event of a recurrence of the offending behavior.

Since the legal effectiveness of a warning letter can be of decisive importance for a possible future legal dispute regarding the continuation of the employment relationship, but also for the professional advancement or career of the employee, this should not be taken lightly. Particularly in the case of dismissal protection proceedings, the effectiveness of a previous warning in the personnel file can determine the continuation of the employment relationship.

If you as an employee have received a warning and do not know whether and how you can best defend yourself against it, you are welcome to contact us. We will then check with you whether there is an out-of-court solution and, if this is not the case, take legal action on your behalf.