Warning letters - not always justified
There are three basic forms of warning and in the following areas, in labor law, com-
tion law and administrative law.
A warning is to ensure that we do no longer a wrongdoing is perpetrated.
The caution is justified in the labor dismissal. This means that efficient termination and begin with a warning must precede. Unless serious circumstances, as, for example, "Theft exists". The warning signals to the employees that the employer does not agree with his misconduct and is not already, this is unacceptable again. It is in any case to express explicitly, as well as the threat of dismissal.
But the employee has a right to issue a warning. This is only to the extent of advantage
if you want a summary dismissal by the employee, for example, if the wage payment
late on the account or if the hours are unreasonable. Only in the case of repetition, the work-
participants the right to a dismissal without notice on his part.
In administrative law, there are authorities to express warnings to an existing
Flag remedy before an administrative act shall be issued.
The warning in the competition attracts more circles and is often misused. Most are
aware of the debt and warned not know in any way what they did wrong.
Only one small word can cost hundreds of dollars. It is to be anti-competitive conduct
made aware and invited to make a declaration of failure. A sensitive high penalty
should give the whole emphasis. Black sheep immediately demand a large sum of money. The fact is that
this sum is payable only if, after submission of the declaration of failure of the anticompetitive
Conduct commits again.
The warning is there the enemy the opportunity to resolve the issue amicably.
Certain conditions must be met so that the warning will be legally effective, too.
It must be well defined act of infringement to ensure that the reprimanded know what wrong he ge-
does have. If this is not apparent and therefore described very inaccurate, the warned a fixed-
tion suit demand.
It must also be clear why the warning was made. Another point is the omission of explanation.
Often, the courts require this declaration to proceed legally can.
The form of the warning is not required and should because of the evidence in writing
peaceful means or sent by fax.
In times of globalization, of course, the Internet is a huge pond that fraudsters miss-
abusively use the warning. Often, small companies or business owners, even private individuals are involved who are not aware of the debt. Often shy away from these people the trip to the lawyer
and pay the often high demands for money, for fear of further legal actions.
Generally you should check in advance, before you pay.
Further Informations in German can be found here!