Dismissal After a Warning: Is It Automatically Valid?
No. A formal warning does not automatically make a dismissal valid – even if it may feel that way at first. Many warnings do not stand up to judicial review or do not match the dismissal. This strengthens your position: in an unfair dismissal claim and in negotiations about severance pay.
A warning is no reason to give up. I review your warning and your dismissal and tell you honestly what your chances are – throughout Germany by phone or video call. Important: you only have three weeks from receiving the termination notice to file an unfair dismissal claim.
5 Reasons Why a Dismissal Can Be Invalid Despite a Warning
1. The warning is invalid
Not every letter headed "warning" is legally a warning. A valid warning must describe the misconduct precisely – what happened and when (reprimand function). It documents the incident for the future (documentation function). And it must clearly state that employment-law consequences will follow if the conduct is repeated (warning function). If your conduct is only criticised in general terms or not identified as a breach of duty at all, there is no valid warning. In addition, the allegation must be true. If your employer bases the dismissal on such a "sham warning", the dismissal may fail in court.
2. The warning concerned different conduct
A warning only warns you about the conduct it refers to. The dismissal must therefore be based on a similar breach. An example: you received a warning for being late. But you are dismissed because of an argument with a colleague. In that case, the warning generally does not match the dismissal.
3. Warning and dismissal for the same incident
If your employer responded to an incident with a warning, it has decided against dismissal. It therefore cannot later dismiss you for that very same incident – the incident is "used up" as a reason for dismissal. For a dismissal, your employer needs a new breach. The incident already covered by the warning can then only be taken into account as supporting evidence.
4. The warning dates back too long
A warning loses its effect over time. If you have not done anything wrong for a long time afterwards, your employer may no longer be able to rely on the old warning. There is no fixed time limit for this.
5. No further breaches are to be expected
A dismissal is not a punishment for the past. A dismissal for misconduct requires that comparable breaches are to be expected in the future as well. If there are no concrete indications of this – for example because the warning has had its effect – the dismissal is invalid.
Also note: your employer must prove the allegations in court. And the dismissal itself must be formally correct – for example, in writing with an original signature and, if there is a works council, only after it has been consulted. Read my article: common mistakes in dismissals
Frequently Asked Questions About Dismissal After a Warning
Do I have to challenge every warning immediately?
No. Even if you have not taken any action against the warning so far, it can still be reviewed in unfair dismissal proceedings. So you have not missed anything.
How many warnings are required before a dismissal?
There is no fixed number. Often, one warning for similar conduct is enough. However, if your employer has issued several warnings without any consequences, the warning may lose its effect.
I have received several warnings – does that make the dismissal valid?
Not necessarily. Even several warnings do not automatically make a dismissal valid. Each warning must be valid in itself and match the allegation in the dismissal. Individual warnings can often be challenged – and with them, the basis of the dismissal. If you have received several warnings, feel free to contact me: I will review each one.
Does this also apply in small businesses?
In businesses with no more than ten employees and during the first six months of employment, the Dismissal Protection Act does not apply. In that case, the employer generally needs neither a reason for dismissal nor a warning. However, the dismissal may still be invalid, for example due to formal errors or special protection against dismissal, such as during pregnancy.
What you should do now
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Note the date on which you received the termination notice – the three-week deadline starts on that day. Get help from my article: receipt of the termination notice.
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Gather all warnings, the termination notice and your employment contract.
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Write down how the incidents happened from your point of view and who was present.
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Do not sign anything without having it checked – especially not a termination agreement.
I Review Your Warning and Dismissal
As a certified employment law specialist (Fachanwältin für Arbeitsrecht) focusing on dismissal protection, I review whether your warnings will stand up in court and what your chances are in an unfair dismissal claim – including with a view to severance pay. Simply send me your termination notice and warnings by info@janinaaue.com. I will get back to you within 24 hours.
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Janina Aue, Certified Employment Law Specialist · Last updated: October 2026
Author of this article: Janina Aue, Lawyer & Mediator
Please do not hesitate to contact me to discuss how we might work together.
