Warnings in your personnel file: How to delete your negative entries!

Warnings in your personnel file: How to delete your negative entries!

For many employees, the topic of warnings in their personnel files causes discussions and uncertainty. What actually happens with a warning if the employee behaves correctly? Anneka Ruwolt, specialist lawyer for labor law, explains: Warnings are usually removed from the personnel file after two to three years, unless there is a legitimate interest in retaining them. This particularly applies to minor violations, such as being late once. Such entries should generally disappear after a certain period of time, especially if the employee has fulfilled his or her duties in the meantime. But there's a catch: the removal doesn't happen on its own. The affected employee must actively request deletion from the employer. Radio Bielefeld reported.

Of course, there are also serious violations that cannot be deleted so easily. These remain in the personnel file and can continue to have negative consequences for the employee in the future. Warnings play a central role in decisions about promotions, salary increases and other professional moves because they provide a comprehensive and truthful picture of the employment relationship Fachanwalt.de explained.

Legal situation and deletion procedure

The legal situation regarding warnings is not entirely simple. Employees have the right to have unjustified warnings removed during the existing employment relationship. Such a claim can certainly be enforced in court, especially if the warning contains untrue facts or has been assessed in a legally incorrect manner. However, the deletion of a justified warning is only possible if the reduced behavior has become meaningless for the employment relationship.

However, an interesting question remains what happens to warnings after the employment relationship has ended. Here, employees have the right to inspect their personnel files, but have no right to have them removed unless there are objective indications that the warning could have negative consequences. This shows how important it is to take care of such issues at an early stage and, if necessary, to take steps to get rid of unauthorized entries.

The positive aspects of a warning

A negative entry can also have advantages. What is particularly exciting is the fact that an unjustified warning before termination can serve as a justifying measure. If a termination is based on such a warning, the termination may become ineffective. This shows that the interests of the employee must always be taken into account in labor law.

In summary, warnings in the personnel file are a double-edged sword. They can have both positive and negative effects on an employee's career. It is therefore advisable to always have a good hand in your own professional development and to turn to experts in good time if you are unsure.

Where do you stand on this matter? Remember that good communication with the employer and your own initiative are essential keys to deleting unwanted entries. And don't forget to find out about the situation in your personnel file at the next opportunity.