What to do in case of an unjustified warning?
June 28, 2023 | 30,00 EUR | answered by Sofia Vöss
Dear lawyer,
I am reaching out to you because I recently received a warning from my employer which I believe to be unjustified. I have been working in a medium-sized company in administration for three years and have never had any issues with my superiors or colleagues. The warning is regarding alleged tardiness and poor performance, even though I always complete my tasks diligently and on time.
I am very concerned about the impact this warning will have on my professional career and reputation within the company. I fear that my employer is trying to get rid of me for unfounded reasons. I have already tried to discuss the matter with my superior, but I am being ignored and not taken seriously.
What steps do you recommend I take in this situation? Should I accept the warning or fight against it? What are my rights and what legal options do I have to defend myself against this unjustified warning? I am grateful for any help and support as I am unsure how to proceed in this situation.
Thank you in advance for your assistance.
Sincerely,
Ulrike Fischer
Dear Mrs. Fischer,
I understand your concern regarding the received warning and can empathize with the difficult situation you are in. First and foremost, it is important to know that a warning is not a casual step on the part of the employer and usually must meet certain requirements to be legally effective. A warning is intended to point out the employee's misconduct and give them the opportunity to improve.
In your case, it is crucial to examine whether the reasons stated in the warning are actually accurate and whether they are sufficiently specific and comprehensible. If you believe the accusations are unfounded and that you have fulfilled your duties properly, you generally have the right to challenge the warning. This can be done, for example, by providing a written statement in which you refute the accusations and explain your standpoint.
If an out-of-court settlement with your employer is not possible and you remain convinced of the unlawfulness of the warning, you have the option to file a lawsuit at the labor court. In this case, it would be advisable to seek advice from a specialized labor law attorney to assess your legal options and chances of success.
It is important that you take the situation seriously and respond appropriately. Do not ignore the warning and actively engage with it. Keep all relevant documents and communications with your employer in writing to have evidence in case of a legal dispute.
I hope this information is helpful to you and I am happy to assist you with any further questions. Please do not hesitate to contact me to discuss your individual situation in more detail.
Best regards,
Sofia Vöss, Attorney at Law
