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Formal warning

A formal warning is a tool for employers to address breaches of employment contracts by their employees. We advise on the important considerations in such cases.

Addressing Misconduct.

Are you observing recurring misconduct from an employee? A formal warning serves as a tool for employers to address breaches of contractual duties by an employee.

It is an extremely important instrument in labor law and is typically a prerequisite for a valid termination based on conduct. The purpose of a formal warning should always be to document and highlight the misconduct of the employee in question, to prevent it from happening again.

However, labor law imposes strict requirements on formal warnings. Therefore, it is crucial for employers to seek legal advice and exercise extreme diligence. Naturally, we also advise you if employees wish to challenge a formal warning.

Let our lawyers advise you on how to issue a legally valid warning and what important considerations apply.

Is a formal warning pending?

  • As an employer, are you planning to issue a formal warning?
  • Do you anticipate that your employee might challenge it?

How We Can Assist You.

Process and Support

  • Initial consultation to discuss the next steps concerning the employee.
  • In-depth consultation after determining individually set objectives.
  • Review of Issued Formal Warnings
  • Drafting Formal Warning Letters Based on Legal Principles
  • Avoiding court proceedings by structuring an amicable, out-of-court settlement.

Goals and Prospects of Success

  • Avoiding costly proceedings before the labor court while simultaneously protecting economic interests.
  • Prompt resolution of legal uncertainty.

Time Commitment and Duration of Proceedings

  • Consultation and representation are available at any time and on short notice.
  • Negotiations in the out-of-court realm can usually be concluded within a few weeks.

Costs and Fees

  • Initial consultation in straightforward cases is available for Euro 190.00 plus statutory value-added tax
  • For our advisory services, we offer time-based billing.
  • For litigation representation, fees are incurred at least according to the Lawyers' Remuneration Act.
  • For ongoing consultation, we naturally offer flat-rate fees. For individual projects, we also establish remuneration systems with you that can be tailored to your specific needs, combining fixed-rate components with variable elements such as time spent.

Your Contacts for Labor Law Matters