With saying the cease and desist letter, the employer has waived his right of termination for the concrete behavior. So the workers must not worry about obtaining later a notice for same issue. Kundigung come into consideration, if the worker repeated behavior have off. Who was called off due to lateness, should take care in the aftermath of embarrassing attention to appear at work on time. Several warnings to discipline, including termination may be required depending on the severity of dunned down behavior. So although constant tardiness a worker, who also was called off, basically justifies the statement of termination, but two – or three-time delays is not sufficient within a longer period for this purpose. There is no fixed time limit for the duration of a cease and desist letter. The circumstances of the case are crucial – for example the gravity of the offence.

An unwarranted warning is immediately from the personnel file take. The employee may request that his reply is recorded in the personal file. He can verify this through consultation of the personnel file. Specialist Attorney tip workers: If you receive a cease and desist letter, with which you disagree, a reply to the personnel file is enough. Complain should you against a warning anyway, in the private sector only if you want to deliberately provoke the employer, about achieving a cancellation and future severance payments. Who hopes to be able to save his job, yet should abandon a lawsuit. In case of a later cancellation, the employer must prove the accuracy of the warning.

He can’t do that because of the passage of time in the meantime occurred often. Specialist Attorney tip employers: brevity is the soul of wit. Warn all breach separately. Can later also only a small part of the dunned down behavior not be proven, the whole warning is invalid. A post by lawyer Alexander polymath, Berlin lawyer for Labour law polymath welcome lawyers of Berlin-Charlottenburg: Kurfurstendamm 216 (corner of pheasant road), 10719 Berlin (Metro station Uhlandstrasse, suburban trains and Metro station Zoologischer Garten) Berlin-Mitte: Palais am Festungsgraben, 10117 Berlin, access via road under Unter den Linden (rail and subway station Friedrichstrasse) Branch Office Berlin-Marzahn: Marzahn promenade 28, 12679 Berlin (Bahn Marzahn) Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail: about labour law: