The Formal Warning (Abmahnung): Why Your Employer Probably Had to Warn You First

In Germany, most dismissals for misconduct require a prior written warning (Abmahnung). No warning, no valid dismissal. Here’s how the rule works and when exceptions apply.

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In Germany, you usually get a warning first.

This surprises most expats. In many countries, a serious mistake at work can mean instant dismissal. In Germany, it usually can’t, not the first time, at least.

Before an employer can dismiss someone for misconduct, they are generally required to issue a formal written warning (Abmahnung) first. The warning has to name the specific behaviour, make clear it violates the employment contract, and state that dismissal is the next step if it happens again.

Without a valid prior warning, most conduct-related dismissals won’t survive a court challenge.

What the Abmahnung is

An Abmahnung is not an informal telling-off, not a performance review comment, not an angry email. It is a specific legal document that puts the employee on formal notice that certain behaviour is unacceptable and that the employment relationship is at risk.

It also has to be specific. A vague complaint about „attitude” or „performance” is not a valid Abmahnung. Courts have overturned dismissals because the prior warning failed to describe the conduct precisely enough.

When is a warning not required?

The rule has exceptions, but they’re narrow. No prior warning is needed when:

• The conduct was so serious that no reasonable person could expect the employment relationship to continue at all (theft, assault, significant fraud)
• The employee clearly would not change their behaviour even with a warning
• The breach was a fundamental one-time violation of trust

Courts interpret these exceptions strictly. A recent Munich case (ArbG München, 2026) saw a summary dismissal overturned because a flight attendant gave customers free upgrades without explicit authorisation. The court found no clear prior instruction had been given and a warning would have been the appropriate response.

What to check if you’ve been dismissed

If you were dismissed for misconduct, the first question is: was there a valid written warning before this dismissal? And if so: did it describe the same conduct you’re now being dismissed for?

A warning about time-keeping doesn’t justify a dismissal for a different kind of misconduct. Each issue needs its own warning.

If you’ve received a warning, not a dismissal

An Abmahnung in your file matters. It’s the legal precondition for a later dismissal. You have the right to challenge it in writing, added to your personnel file, if it’s factually wrong or disproportionate. Leaving a false warning unchallenged is rarely a good idea.

FAQ

My employer says the misconduct was so serious a warning wasn’t needed. Is that right? Possibly, but courts scrutinise this carefully. „Serious” is a legal threshold, not a subjective one. Many employers overestimate how serious the conduct has to be.

I received a warning six months ago for something completely different. Does that count? No. A warning has to relate to the same or similar conduct as the dismissal. An old warning about a different issue generally can’t justify a dismissal for something new.

Can I demand that a warning be removed from my file? Yes, under certain conditions: if it’s factually incorrect or legally invalid. This is worth pursuing.

What does this mean for my case? If there was no prior warning, or the warning was defective, that’s often a strong basis for challenging the dismissal. Get in touch.

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