The employment reference:
Legally compliant creation and analysis of employment references.
The employment reference: A decisive factor for your success
A reference can be both a stepping stone to your career and an obstacle. In today's world, a high-quality and accurate reference is often essential for professional success. Therefore, if you receive incomplete or incorrect references or if your employer refuses to issue a reference, we advise you to contact a specialist employment lawyer for individual advice. We are familiar with the special language of references and can recognize hidden clues.
To ensure that your reference reflects your actual performance, we will review it for you and, if necessary, enforce a claim for correction. If no reference is issued, we are able to file a lawsuit for it to be issued.
Are you an employer and unsure about how to prepare a reference? We are happy to assist you and provide legal clarity.
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Our experienced R&U lawyers will evaluate your case independently and objectively. Call us +49 (0)211 / 819770 or fill out the contact form. We will get back to you shortly.
right to a reference
- Regardless of the type of employment – whether mini-job, full-time, part-time, fixed-term or permanent – every employee has the right, in accordance with the German Civil Code (BGB) and the Trade Code (GewO), to receive a written employment reference upon termination of the employment relationship.
- Interns also have the right to request a reference.
- Depending on the length of employment, the employer is obliged to issue a qualified employment reference upon request.
- You can request your employment reference up to three years after the end of your employment relationship, provided that your employment contract does not contain a deadline for the request.
In just 3 steps easy, convenient & fast employment reference contest
Test
We will check whether your employment reference is justified.
1Advice
We carefully analyze the wording and content of your employment reference.
2commissioning
You decide whether we should take action in your case and represent your interests.
3Overview: The different types of employment references
A distinction is made between the interim certificate, which is issued during the employment relationship, and the final certificate, which is issued upon termination of the employment relationship.
- interim certificate
An interim certificate can be requested if the employee can prove a "legitimate interest". Such an interest can exist, for example, in the case of a planned job change, a long period of employment, a transfer or a change of supervisor. The employee must prove his or her legitimate interest in an interim certificate. If a recognized reason is given, nothing stands in the way of issuing it. However, specific information is not always required. For example, in the case of a planned job change, it is sufficient to indicate the desire for professional or financial improvement.
- Simple employment reference vs. qualified reference
The simple employment reference is limited to information on the type and duration of the activity and does not contain an assessment of performance or behavior. Therefore, it does not offer any significant added value in professional terms, but serves mainly as proof of the activity.
The qualified reference, on the other hand, provides information about the employee's performance and behavior and is usually available to the employee after a short period of employment. Unlike a simple reference, the employee must actively request the issuance of the qualified reference. The lack of a qualified reference is often viewed negatively in the application process.
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grading system
The usual grading system is structured as follows:
- Very good: The tasks were always completed to the fullest satisfaction.
- Good: The tasks were always completed to full satisfaction.
- Satisfactory: The tasks were completed to full satisfaction.
- Sufficient: The tasks were completed satisfactorily.
- Deficient and insufficient: The tasks were generally completed to satisfaction.
The burden of proof for the grade varies depending on the assessment level:
- If the employer rates the employee worse than “satisfactory”, he is obliged to justify this negative rating.
- In principle, there is therefore a right to at least a satisfactory rating.
- If the employee wants to receive a better grade than “satisfactory”, it is his responsibility to prove that he has actually performed “good” (or even better).
In addition to the evaluation of work performance, assessments of willingness to perform and social behavior should not be ignored.
Tip: When concluding a termination agreement with the employer, it is advisable to agree on a specific assessment or grade. This can also be agreed as part of a court settlement during a dismissal protection process.
Permissible and impermissible formulations
In practice, a special language has been developed in references that hides negative evaluations of employees behind apparently neutral wording or the deliberate omission of common elements. Employees should be familiar with this "code".
It is important to know that not everything in the employment reference has to be accepted!
An employment reference must comply with certain principles in accordance with the provisions of the German Civil Code (BGB), the Trade Code (GewO) and the relevant case law:
- clarity
- Truth
- goodwill
- completeness
- Individual assessment
Employees should pay particular attention to the following aspects:
- How are the services evaluated?
The reference should be worded in a positive manner and should not create any obstacles to a new career. Conflicts with the employer, for example, should not be mentioned in the reference. - Hidden clues through specific wording:
Certain sentences can contain hidden clues. For example, the sentence "Mr. Meier also showed commitment" could indicate that this was only occasionally the case. The wording "Mr. Meier's behavior towards colleagues and superiors was beyond reproach" suggests that it was neither exemplary nor always correct. - Meaning of the closing formula:
It is a positive thing if you are thanked for your achievements, if your departure is regretted and if good wishes are expressed. These should be both personal and professional and should include the addition of "continued success". A simple "good luck for the future" could indicate that things have not been optimal in the past. - Missing closing formula:
If the closing clause is completely missing, the employee cannot generally insist that it be added, as the majority of case law states. - Mention of the departure:
The reason for leaving may only be mentioned in the reference if the employee agrees to it. The employer may not arbitrarily add dismissals for behavioral reasons or similar.
Formal requirements for an employment reference
There are established standards for the formal design of employment references, from which employers should generally not deviate.
- Typically, the A4 format is used on undamaged and unpunched company paper, which must not be wrinkled or dirty.
- The certificate should be in printed form and not only provided digitally. It must be typewritten and should not be entirely handwritten.
- The length of the certificate should be appropriate and correspond to the duration of the collaboration.
- The date of issue should correspond to the last working day. If the employment reference is issued later, it cannot usually be backdated.
- The signature should come from the managing director, the employee's direct supervisor or the HR manager. A signature from a colleague or the management assistant is usually not sufficient.
contesting an employment reference
If you would like to have your employment reference checked, you should consider the following steps:
- Request changes promptly: Check your employment contract or collective agreement for deadlines for requesting and possible changes to the reference. The legal deadline for requesting a reference is three years, while the deadline for contesting it is six months. Employers are often unable to adequately evaluate performance at a later date.
- Talk to your supervisor: If you have any problems with your employment reference, you should first speak to your supervisor. Prepare an argument and possible suggestions for changes.
- Have your employment reference checked: If you are considering appealing against your employment reference, have it reviewed by a lawyer. Please note that not all statements in the employment reference that you do not like are legally contestable. Legal proceedings may be unsuccessful.
- Contact a lawyer: If you decide to hire a lawyer, he or she should contact your employer. In a further meeting, you can present your claims with the support of the lawyer, while your employer presents his or her point of view. An agreement would be beneficial for both sides to avoid a costly and time-consuming legal process.
Legal proceedings before the labor court: If no agreement is reached, you have the option of filing a lawsuit with the relevant labor court. Depending on the initial situation, the burden of proof lies either with you or with the employer.
Employment law attorneys: Expertise in employment references
Do you need professional support in checking employment references or legal representation in employment law matters? Our law firm offers you comprehensive advice and representation in the area of employment law.
Our services include:
- Checking employment references:
We carefully analyze the wording and content of your employment reference to ensure that it does justice to your achievements and qualifications. If necessary, we support you in enforcing your rights to a favorable and truthful reference. - Preparation of employment references for employers:
With our expertise, we create tailor-made employment references for employers that meet legal requirements and at the same time appropriately recognize the employee's individual achievements and skills. - Legal challenge to employment references:
If you are dissatisfied with your employment reference and are considering legal action, we are at your side with our many years of experience and expertise. We represent your interests in court and work to ensure that your rights are protected.
Our law firm has an experienced team of employment lawyers who are ready to provide you with professional advice and dedicated support. Contact us today to schedule a consultation and learn more about our services.
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