Received a warning - is it justified?
January 28, 2024 | 40,00 EUR | answered by Alexander Lenzner
Dear Employment Lawyer,
My name is Ingo Müller and I have been working as a sales representative in a medium-sized company for three years. Recently, I received a warning letter from my employer, accusing me of not meeting my sales targets and of being absent without excuse. I am very concerned about this warning letter, as I am not aware of any wrongdoing on my part and I believe that my performance in the last few months has been satisfactory.
My direct supervisor has never pointed out any issues with my performance in the past or warned me about possible consequences if I did not meet my sales targets. Regarding my absence, I have an explanation that I have not yet been able to communicate to my employer, as the warning letter came unexpectedly.
I am now wondering if this warning letter is justified and what steps I can take to challenge it. Are there any ways to contest the warning letter or have it removed from my personnel file? What consequences could a warning letter have for my future career and how can I protect myself from them?
I would be very grateful if you could provide me with your professional assessment of my situation and suggest possible courses of action.
Sincerely,
Ingo Müller
Dear Mr. Müller,
Thank you for your inquiry and trust in my legal expertise. It is understandable that you are concerned about the warning from your employer, especially if you are not aware of any wrongdoing and have felt satisfied with your performance in recent months. In your case, it is important to take the warning seriously, but also to be aware of your rights and options for addressing it.
Firstly, it is important to clarify whether the warning is justified. A warning is a mild measure to point out an employee's misconduct and give them the opportunity to change their behavior. However, it must meet certain requirements to be legally valid. This includes specifying the misconduct, issuing the warning in writing, and allowing the employee to respond.
In your case, it seems questionable if the warning meets these requirements. If your supervisor has never pointed out any issues with your performance and you have not received any prior warnings, the warning may not be valid. Your explanation regarding your unexcused absence could also be an important factor in challenging the warning.
To address the warning, you could first have a discussion with your employer and present your perspective. If you feel that the warning is unjustified, you could also consider taking legal action. A specialist lawyer in labor law can help you defend your rights and possibly have the warning removed from your personnel file.
Regarding the consequences of a warning for your career, it is important to know that while a warning can have negative effects, it does not necessarily mean the end of your career. However, it is advisable to protect yourself by clarifying any potential misunderstandings with your employer in the future and, if necessary, documenting them in writing.
In conclusion, I would like to emphasize the importance of knowing your rights and seeking legal advice to appropriately respond to the warning. I hope that my explanations are helpful to you and wish you success in resolving your situation.
Best regards,
Alexander Lenzner
