Formal warning

For those who have received a warning from their employer, the question "What now?" quickly arises. Generally, a warning is issued to make an employee aware of misconduct or a breach of the duties of their employment contract. For example, repeated lateness, theft at the workplace, insulting colleagues or superiors, or manipulating time records can be reasons for warnings.

When it comes to warnings, several things must be considered; for instance, the reason for the warning must be clearly and explicitly stated so that the employee has an opportunity to modify the criticized behavior after the warning has been issued. 

For the employee, a warning is risky in the sense that it can have potential implications for protection against dismissal – with repeated warnings, termination may then be imminent. A warning is documented and recorded in the personnel file. 

If you have received a warning and believe it to be invalid because the alleged conduct does not constitute a breach of duty, or if you can demonstrate that the accusation is unfounded, you may request the removal of the warning from your personnel file. After receiving a warning, it is therefore advisable to seek legal assistance. 

Contact our experienced employment law attorneys in Nuremberg to discuss your individual case.

• Have you received a warning from your employer?
• Do you wish to take action against it?

Process and Support

• Initial consultation with an employment law attorney to discuss further steps against your employer.
• In-depth consultation after determining individually set objectives.
• An out-of-court approach is initially possible, keeping costs low
• If an out-of-court resolution is not reached, proceedings before the labor court may follow

Goals and Prospects of Success

• Strengthening your position in any potential future unfair dismissal proceedings.
• For the employee: Removal of the warning from the personnel file.
• Restoration of workplace harmony.
• Achieving legal certainty even at the pre-litigation stage.

Time commitment and duration of proceedings:

• Consultations are available at any time and on short notice.
• Out-of-court representation typically leads to an agreement within a few weeks.
• In the event of a lack of agreement in the pre-litigation phase: The timeframe for legal proceedings is determined by the labor courts; a conciliation hearing is regularly scheduled quickly, within two to six weeks, for amicable dispute resolution.

Costs and Fees

• An initial consultation for consumers is available for a maximum of Euro 190.00 plus statutory value-added tax.
• Further, including written, consultation and representation depending on the scope, complexity, and significance for the client.
• Court representation: Billing is based on the Lawyers' Remuneration Act (RVG) or a fee agreement, with an early assessment of the anticipated cost risk.
• Out of court and in the first instance before the labor court, each party bears its own legal representation costs.
• Private legal protection insurance policies generally cover the costs.
• In cases of financial hardship, it is possible to apply for legal aid.