Can I take action against an unjustified warning?
March 4, 2024 | 55,00 EUR | answered by Hans Krüger
Dear lawyer,
I am contacting you because I recently received a warning from my employer and I am not sure if it is justified. My name is Tatiana Heinze and I have been working as a salesperson in a retail store for three years. The warning accuses me of being repeatedly late to work and disrupting the operation of the business.
I want to emphasize that I am aware of my responsibility and always make an effort to be on time for work. However, there have been some unforeseen circumstances in the past, such as traffic problems or illness, that have led to my lateness. I have informed my employer about these issues and asked for understanding, but it seems that he is now responding with the warning.
My concern is that this warning could affect my professional future and I may have to fear negative consequences. Therefore, I am wondering if it is possible to legally challenge this unjustified warning and how best to proceed to protect my rights.
I would be very grateful if you could assist me in this matter and provide me with possible solutions to clarify my situation.
Sincerely,
Tatiana Heinze
Dear Mrs. Heinze,
Thank you for your inquiry regarding the warning you received from your employer. It is understandable that you are concerned and want to gather information about possible legal steps. As a lawyer specializing in civil law, I am happy to assist you and will try to answer your questions as comprehensively as possible.
First and foremost, it is important to mention that a warning is a serious instrument used to alert the employee to their misconduct and urge them to fulfill their contractual obligations. However, the warning must be justified and meet legal requirements.
In your case, your employer accuses you of being repeatedly late to work, thus disrupting the company's operations. It is important to examine whether these accusations are true and whether the warning is justified. It is crucial to determine if there is concrete evidence of your lateness and if you have indeed violated your contractual obligations.
You mentioned that there have been unforeseen circumstances in the past that have led to your lateness. It is important to assess whether these circumstances can be recognized as valid reasons for your lateness and whether you informed your employer promptly about your lateness. Communication is key in order to avoid misunderstandings.
If you believe that the warning is unjustified, you generally have the option to challenge it. In such a case, I recommend seeking legal assistance to protect your rights. An experienced lawyer can analyze your situation, review your rights and obligations, and present you with possible courses of action.
It is important not to act hastily and to inform yourself about your rights before taking legal steps. I recommend taking the time to gather all relevant documents and make a well-informed decision.
I hope that this information has been helpful to you and I am available for any further questions.
Sincerely,
Hans Krüger, Lawyer
