If the employer relies on a warning letter to dismiss you, having it reviewed by an employment lawyer makes sense because the warning can be faulty and, thus, ineffective for numerous reasons.
First, the warning can already be formally faulty if its content is incomplete.
- What is the specific misconduct of the employee?
- Why does this conduct violate the employment contract?
- The employer requests the employee to behave per the contract in the future.
- What are the consequences of repeated misconduct?
The warning must (1) specifically name the employee’s misconduct, i.e. describe the place, time and the employee’s behaviour. It must also contain a statement of why (2) this conduct violates the employment contract. The employer must (3) request the employee to behave per the contract in the future. Finally, the warning letter (4) must clearly state what consequences repeated misconduct will have for him.
Suppose serious misconduct is reprimanded with a warning letter, and the employer subsequently wants to terminate without notice for the same reason. In that case, they must first wait for a new, similar misconduct because, with the warning, they have already expressed that they are giving the employee another chance. Therefore, without a new violation, they cannot argue that continuing the employment relationship is unreasonable for them forcing them to terminate the employment relationship extraordinarily.
A dismissal for renewed misconduct based on a past warning is also not permitted if the misconduct on which the warning was based already dates back approximately 2-3 years. The employer can no longer refer to it in such cases.
The complexity of the labour law situation may vary from case to case. Our lawyers will support you with equal competence and commitment and explain your legal options and risks.