Eight pitfalls to steer clear of when drafting a warning notice.

Workplace regulations - Steer clear of these eight errors when drafting a warning notice.

Don't forget to hand in that sick note, avoid taking breaks for smoking during work hours, or keep your mouth shut when arguing with the boss. These actions can cause hassle. Bosses usually start with a yellow card, the warning, before they let you go. The goal of a warning is to let you know that these actions are not okay and that your job could be in jeopardy if you keep it up.

"Employees shouldn't panic when they receive a warning from their employer," says legal expert Simone Schäfer from the law firm HMS Barthelmeß Görzel. Warnings are not meant to punish you. They're meant to stop any further breaches of duty. "It's usually a strategic move to add some movement to the employment relationship," says Schäfer. If you've been doing something wrong, it's best to change your ways. If you keep it up, there's a chance you'll be fired.

However, you don't have to accept every reprimand. If you think the accusation doesn't apply to you, you can argue back. The rebuttal then goes into your personnel file with the warning. If that's not enough, you can sue the boss at the labor court and demand they remove that disciplinary note from your file. Schäfer knows that this works often: "There are vulnerabilities, since bosses can make many mistakes in giving a warning."

#1: Boss scolds you orally

Bosses can reprimand you orally, without any specific formalities. But for a scolding to be effective, you have to get it. "In this case, the boss has to prove that you've received and understood it," says Schäfer. "And since it's often tough to show knowledge of oral scoldings later on, we suggest companies use written scoldings instead." Even if your boss scolds you during a one-on-one chat, they should document it carefully.

#2: Warning is issued too late

There's no strict deadline for a warning. Bosses can reprimand you for something you've already done in the past. "However, they shouldn't wait too long before reprimanding, reprimanding you for something that happened, say, a year ago," Schäfer explains. If they become aware of a breach, but don't do anything about it for a while, you can claim that they won't bring it up later.

#3: The misconduct is unclear

Your misconduct needs to be clearly stated in the warning. This includes when and where it happened, who was involved, and how it affected the company. If the warning is not clear, it's unclear and confusing. Schäfer explains that "you must be able to recognize where you've made a mistake for the scolding to work."

Managers should make sure to detail the employment contractual obligation, company regulation, or individual instruction you've violated in the scolding. Schäfer recommends ensuring that the rule was actually known: "Many rules aren't even in the employment contract, they're just part of the company's common practices."

#4: No Proof of Misconduct

Bosses must be able to support their accusations. They should record any damage done and gather proof of the misconduct. "If, for example, your boss accuses you of being late, they should be able to show when you checked into the time clock system," says Schäfer. Your boss's accusations should be factual, not just a guess.

#5: Lack of Labor Law Consequences

Your scolding must also mention the consequences for violating labor laws. It should say what will happen if you do it again.

#6: Multiple Violations in One Scolding

If you've done more than one thing wrong, like being late and breaking a work instruction, your boss can scold you for both at once. But this can be tricky. "All facts in a scolding must be correct," says Schäfer. "Any vague statements or general accusations are not enough." Schäfer suggests listing different violations in multiple scoldings and issuing them at the same time.

#7: Boss scolds you too often

It happens: you keep messing up. Managers often reprimand you several times before firing you. But there's no set number. Schäfer concludes: "The more infractions a scolding contains, the more likely one accusation might be done wrong or not described clearly." To prevent this, Schäfer suggests bosses list different violations in multiple scoldings and issue them all at the same time.

For instance, imagine an employee has received a warning yet continues to arrive late regularly. Other types of reprimands may not be effective. According to legal expert Schäfer, the "yellow card's" warning function loses its strength if there are no consequences. "The final reprimand right before the potential termination should be stated firmly." And it has to be truly the final one. "If the termination doesn't take place, it'll eventually seem unbelievable," states the expert.

It's also essential for employers to consider the proportionality of the labor law measure. This entails balancing out interests: What kind of breach has occurred? How long has the employment relationship lasted? How has the employee's behavior been otherwise? Could there be gentler responses like a warning?

"If someone periodically oversleeps and is ten minutes late to work but behaves admirably otherwise, they shouldn't stress about receiving a reprimand," says Schafer. "This would likely be disproportionate and consequently ineffective."

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If you receive a warning from your employer regarding your behavior at work, it's important to understand that this is not intended as punishment, but rather as a tool to prevent further breaches of duty. Ignoring the warning and continuing with the same actions could potentially lead to termination.

In some cases, a warning might not be sufficient if it's issued too late or lacks clarity regarding the misconduct. If the warning is not specific enough about what you did wrong, it might be challenging for you to understand how to change your behavior. Similarly, if the warning is issued too long after the incident, you might argue that the employer is not serious about enforcing the company's rules.

Source: www.stern.de