How can I defend myself against a warning letter?
January 16, 2022 | 40,00 EUR | answered by Sofia Vöss
Dear lawyer,
I am reaching out to you because I recently received a warning letter from my employer and I am not sure how to defend myself against it. I have been working for five years in a medium-sized company in the sales department. Lately, there have been increasing disagreements between my supervisor and me, which have now culminated in a warning letter.
The warning letter refers to alleged violations of my work duties, especially regarding my work performance and behavior towards colleagues. However, I feel unfairly treated and believe that the accusations are unfounded. My performance has always been positively evaluated in the past years and I have always been dedicated to the company.
I am concerned about my professional future and wonder how I can defend myself against this warning letter. Are there any legal options to challenge the warning letter? Should I seek advice from a lawyer specializing in labor law to represent my interests? What steps can I take to prove my innocence and possibly have the warning letter revoked?
I kindly request your expert advice and support in this matter. Thank you in advance.
Sincerely,
Alwin Lange
Dear Mr. Lange,
Thank you for your inquiry regarding the warning letter you received from your employer. It is understandable that you are concerned about your professional future and want to defend yourself against the accusations. In such cases, it is important that you seek legal advice from an employment lawyer in a timely manner to represent your interests and discuss the best options for defense.
First of all, it is important to know that a warning letter is a serious document that often serves as a precursor to further legal actions such as termination. However, a warning letter must be lawful and meet certain requirements in order to be legally effective. Some of the requirements for a lawful warning letter include specifying the behavior in question, citing the legal basis, and requesting a change in behavior.
In your case, you seem to believe that the accusations in the warning letter are unfounded and that you are being treated unfairly. It is advisable that you gather all relevant information and evidence that can prove your innocence. This could include work certificates, performance evaluations, emails, or witness statements from colleagues. An experienced employment lawyer can help you develop your defense strategy and take the appropriate steps.
The lawyer will first examine whether the warning letter meets the legal requirements both formally and in terms of content. If this is not the case, challenging the warning letter could be promising. Additionally, the lawyer can negotiate with your employer to reach an amicable settlement or, if necessary, take legal action to enforce your rights in court.
In any case, it is advisable to act promptly and seek professional support. A warning letter can have significant implications for your professional future, so it is important that you know and defend your rights. I am available for a detailed consultation and will support you in asserting your interests.
Sincerely,
Sofia Vöss
Employment Lawyer
