- Warning shot: A formal warning (Abmahnung) is the ‘yellow card’ in labor law – it is intended to point out misconduct and threaten termination.
- Do not act prematurely: Do not sign anything immediately on-site (except for the acknowledgment of receipt).
- Verification: In terms of content, the warning must be specific (date, time, exact misconduct).
- Reaction: You have the right to a counter-statement, which must be added to the personnel file.
Jena (17.02.2026) – For many employees in Jena and the region, it is a nightmare scenario: you are summoned to the HR office or find a formal letter in your mailbox. The topic: a formal warning. The first impulse is often panic or anger. However, labor law experts advise composure. Those who act strategically now can often still save their jobs.
What a formal warning actually means
From a legal perspective, a warning has three primary functions: it is intended to reprimand behavior that violates the contract (reprimand function), to urge the employee to behave in accordance with the contract (instructional function), and to threaten labor law consequences up to and including termination in the event of a recurrence (warning function).
For employees in Thüringen, the following applies: not every piece of criticism from the boss is a legally binding warning. A mere ‘admonition’ (Ermahnung) has no relevance regarding termination rights. For a warning to be effective, it must describe the misconduct extremely precisely. General allegations such as ‘you are unreliable’ or ‘you work too slowly’ are usually not sufficient before a labor court. Specific situations with date and time must be named.
The first step: stay calm and verify
Anyone who receives a warning should first take a deep breath. A common mistake is to defend oneself loudly immediately or to say things in the heat of the moment that further strain the relationship with the supervisor. Even more important: do not sign anything that could be interpreted as an admission of guilt. An acknowledgment of receipt is fine, but not an agreement with the content.
Take the document home. Sleep on it for a night. Then check objectively: are the allegations true? If so, insight is often the best way to improve. If not, you should proceed strategically.
Counter-statement or lawsuit?
Employees have the right to record their own view of things in writing. The employer must add this so-called counter-statement (Gegendarstellung) to the personnel file. This is often more sensible than immediately running to a lawyer and filing a lawsuit for the removal of the warning. A lawsuit often irreparably damages the employment relationship. A factual counter-statement, on the other hand, shows that you are addressing the criticism while maintaining your standpoint.
Strategically, it can sometimes even be wiser to let an unjustified warning ‘rest’ for the time being. If a termination actually occurs later, the faulty warning can often be easily dismissed in the protection against dismissal process – and thus the termination also falters.
Behavioral change as an opportunity
Ultimately, a warning is a warning shot. Anyone who wants to keep their job in Jena must stop the criticized behavior. Anyone warned for being late must not be a minute late in the future. Anyone reprimanded for private internet use should leave their smartphone in the locker. Show your employer through performance and reliability that you have understood the criticism. In many cases, things settle down again after a few months, and nothing stands in the way of further cooperation.
Conclusion
A warning is a serious signal, but not the end of a career. Use the situation to clarify misunderstandings or optimize working methods. Those who are unsure will find competent support from works councils, trade unions, or specialist lawyers for labor law in Jena.
Sources:
Original
Transparency notice: This article was created automatically, editorially reviewed, and expanded with AI support.