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Emergency

Unjustified warning: demand removal from the personnel file

A warning is a caution by the employer and can prepare a later termination. If it is factually wrong, too vague or disproportionate, you do not have to accept it: you can demand a counterstatement and demand removal from the personnel file.

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Your chances of getting your money back

If a warning is unjustified, vague or disproportionate, you are entitled to its removal from the personnel file. You can also demand that a counterstatement be added to the file.
Unlike with a termination, there is no rigid deadline for reacting to a warning. Nevertheless, you should object in writing promptly, so that your position is documented.

What you should do now

  1. 1

    1. Check the warning

    Is the accusation specific (date, conduct) and accurate? Blanket or wrong warnings can be challenged.

  2. 2

    2. Draft a counterstatement

    Describe your view factually and demand that your comment be added to the personnel file.

  3. 3

    3. Demand removal

    In the case of an unjustified warning, demand removal from the personnel file in writing with a set deadline.

  4. 4

    4. Sue if necessary

    If the employer does not remove it, you can sue for removal. For several disputed warnings, legal advice is worthwhile.

How to spot the scam

  • The warning names no specific conduct but remains general.
  • A sharp warning is issued immediately for a trifle.
  • Several accusations are bundled into one warning.

Frequently asked questions

Do I have to react to a warning?

You do not have to, but it is sensible. A factual counterstatement added to the personnel file documents your position and can be important later, for example in the case of a termination.

When can I demand removal?

If the warning is unjustified, factually wrong, too vague or disproportionate. Then you are entitled to removal from the personnel file.

Is there a deadline?

There is no fixed deadline as with the action for protection against dismissal. But react promptly and in writing, so that your objection is documented in a comprehensible way.

Take action now

We put together the ready-made texts and the right places to contact for you.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.