Notice of admonition

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Often employers resort to notices of admonition (Abmahnung) when they wish to express their grievance with the (mis)conduct of an employee.

These notices have three functions: The first function is to enable the employer to express their concern for an employee’s misconduct based on the employee’s contractual obligations (as a reference). The second function is to enable the employer to express the need for the employee to behave according to their contractual obligations (as a reprimand). The third function is to enable to the employer to indicate the consequences in terms of employment if the employee repeats the misconduct (as a warning).

Notice of admonition as a precursor to dismissal

This type of notice is often a precursor to a dismissal: If the employee continues to behave in the same manner as the one that led to the notice, he/she risks being dismissed. Employers often opt for a notice of admonition first and then terminate the employment based on misconduct.

Options for the employee

Employees have three options in this case: Firstly, they can opt to do nothing. Secondly, they can ask to have a note added to their personnel file depicting their side of the story. Thirdly, they can request to have it removed from their file.

The individual case will determine which of the three options is the most appropriate. Take advantage of my many years of experience and make an appointment with me to discuss your options. Click here for more information on my fees.