Have your reference checked

Would you like to have your reference checked because you are dissatisfied with the assessment?

A reference has an enormous influence on your professional future. Therefore, have your reference checked - employers read between the lines - and seemingly positive formulations can mean a poor evaluation in the reference language. Lawyer Martin Reichelt in Dresden will check your reference and enforce your claims for a correct reference.

As a lawyer for Employment Law he knows the subtleties of reference language and knows what HR managers look for. Whether correcting references, drawing up references or taking legal action - Reichelt will provide you with competent support.

Your right to an employment reference

Every employee has a statutory right to a written reference upon termination of the employment relationship (§ 109 GewO). This entitlement exists regardless of the type of employment relationship - whether full-time, part-time, temporary or permanent.

Simple certificate

A simple certificate only contains information on the Person of the employee, to the Type and duration of employment. It does not contain an assessment of performance or behaviour. Every employee is entitled to a simple reference.

A simple certificate makes sense, if the employment relationship has only existed for a very short time or if a qualified reference would probably be poor. In practice, however, employees almost always request a qualified reference. Check carefully which type of reference is the better choice in your situation - a simple reference may make more strategic sense, especially in the case of short employment relationships.

Qualified certificate

A qualified certificate also contains an assessment of the Performance and the Social behaviour (behaviour towards superiors, colleagues and customers). At the employee's request, the employer must issue a qualified reference. In practice, the qualified certificate is the rule - Always ask for a qualified certificate.

Structure of a qualified reference

A complete, qualified reference contains the following elements:

1. Headline: „Certificate of employment“ or „reference“
2. Introduction: Name, date of birth, date of entry, title of position
3. Company description: Short description of the employer
4. Job description: List of the main tasks and areas of responsibility
5. Performance appraisal: Assessment of quality and quantity of work, expertise, working methods
6. Behavioural assessment: Behaviour towards superiors, colleagues, customers
7. Final formula: Reason for termination, expression of thanks and regret, wishes for the future
8. Date and signature: Date of issue and signature of a superior

Important: Every missing element can be a negative statement. It is therefore advisable to have every reference checked before you accept it. The absence of a closing formula (thanks, regrets, future wishes) is interpreted by HR managers as a signal that the employer was not satisfied - although according to the case law of the Federal Labour Court, there is no right to a closing formula.

The testimonial language - codes and their meaning

Job references use a coded language that has developed over decades. What sounds positive can be a damning assessment. The most important grades:

Performance appraisal - the satisfaction formula

Grade	Typical formulation
Very good (1)	„Always to our complete satisfaction“
Good (2)	„Always to our complete satisfaction“
Satisfactory (3)	„to our complete satisfaction“
Sufficient (4)	„to our satisfaction“
Poor (5)	„By and large to our satisfaction“
Unsatisfactory (6)	„has endeavoured to fulfil the tasks assigned“

Behavioural assessment - the order counts

When assessing behaviour, the Order of nomination is decisive. The correct order is: superiors, colleagues, customers. Deviations may contain hidden messages:

• Correct: „His behaviour towards superiors, colleagues and customers was always impeccable“ - Grade 1
• Suspicious: „His behaviour towards colleagues and customers was impeccable“ - Supervisors missing = problems with leadership
• Negative: „His behaviour towards colleagues was always impeccable“ - only colleagues = sociable guy who doesn't work

Hidden codes and secret symbols

In addition to the familiar satisfaction formulas, there are numerous Hidden codes, that sound positive at first glance:

• „He was always on time“ - indicates that there was little else positive to report
• „She showed understanding for her work“ - means: She has not done the work, only understood it
• „He was popular with his colleagues“ - can mean: He was a talker and didn't work
• „She completed all tasks properly“ - means only average, no initiative
• „He contributed to improving the working atmosphere through his sociability“ - Indication of alcohol problems
• „She knew how to assert her interests“ - Self-centred, not a team player
• „He was always an understanding superior to his employees“ - could not assert itself
• Missing components: What is missing from the reference can be just as negative as negative formulations (eloquent silence)

Checking an employment reference - when is it contestable?

An employer's reference can be incorrect for various reasons:

• Incorrect in content: The performance or behavioural assessment does not correspond to reality
• Incomplete: Significant activities or time periods are missing
• Hidden negative messages: Coded formulations that express a worse rating than justified
• Formal error: Incorrect issue date, missing signature, not on company paper
• Too close: A certificate that is too short for many years of service indicates disrespect
• Missing closing formula: The lack of a thank-you and expression of regret is seen as negative

The Federal Labour Court has ruled that an employee is entitled to at least average certificate (grade „satisfactory“). If the employer wants to give a lower grade, it must be able to justify this. If the employee wants a better grade, they must provide evidence of above-average performance (BAG, 18 November 2014 - 9 AZR 584/13).

Have your reference checked

Attorney Reichelt will check your reference comprehensively:

• Completeness check: Are all relevant activities and time periods recorded?
• Formulation analysis: Decryption of all coded evaluations into plain text
• Grade determination: What is the overall grade from the certificate?
• Comparison with reality: Does the certificate reflect your actual performance?
• Recommendation for action: What changes should be required?

Certificate action - if the employer does not correct

If the employer refuses to correct the certificate, the last resort is the Testimonial action before the labour court. The procedure:

1. Extrajudicial request: Firstly, the lawyer requests the employer in writing to correct the wording - with specific details of the offending wording and suggestions for the correct wording.
2. Conciliation hearing: A settlement is sought in the first phase of the court proceedings. Many testimonial claims are already resolved by mutual agreement at this stage.
3. Chamber appointment: If no settlement is reached, the court will decide. The burden of proof for an above-average assessment lies with the employee; for a below-average assessment with the employer.

Costs: In the first instance before the labour court, each party bears its own legal costs - regardless of the outcome of the proceedings. Court costs are only incurred if no settlement is reached. A Legal protection insurance usually covers the costs of a certificate claim.

Deadlines: There is no statutory time limit for the action for a certificate. However Exclusion periods under collective agreements or employment contracts (often 3 to 6 months after the end of the employment relationship) the claim lapses. In addition, some courts consider a long wait to be a forfeiture. You should therefore act promptly.

Have your certificate corrected - your way to a better certificate

If your reference does not reflect your actual performance, you have the following options:

1. Out-of-court correction: In many cases, a letter from a lawyer can achieve a correction of a reference without the need for court proceedings. The success rate of legal intervention is high.
2. Testimonial action: If the employer refuses to correct the reference, you can sue the labour court for correction.

Important: Act promptly! The longer you wait to complain about the certificate, the more difficult it will be to enforce your claims.

Interim certificate - when are you entitled to one?

You can request an interim certificate if a valid reason is available, for example:

• Change of supervisor
• Transfer or reorganisation
• Upcoming Termination (also for rumours)
• Application for another position
• Longer interruption (parental leave, sabbatical)
• Receipt of a Warning letter

Tip: An interim reference is binding on the employer. The subsequent final reference may not deviate from the assessment in the interim reference without objective reason. A good interim reference is therefore a valuable safeguard.

Training certificate and internship certificate

Trainees and interns are also entitled to a certificate. For Apprentices the entitlement arises from § 16 BBiG (Vocational Training Act). The training certificate must contain information on the type, duration and objective of the vocational training as well as the professional skills, knowledge and abilities acquired. On request, information on behaviour and performance must also be included.

With Internships there is a right to a certificate under Section 109 of the Trade Regulation Act (GewO) if there is an employment relationship, or under Section 16 of the Vocational Training Act (BBiG) in the case of compulsory internships as part of an apprenticeship. Internship references should also be checked carefully, as they may be relevant for subsequent job applications.

Mr Reichelt also examines training and internship certificates and enforces justified claims for correction on your behalf.

Frequently asked questions about the job reference

How long am I entitled to an employer's reference?

The right to a certificate expires after three years (Section 195 BGB). However, preclusive periods in collective agreements or employment contracts can cause the claim to expire after just a few months. You should therefore request your certificate promptly after the end of the employment relationship.

Can the employer state the reason for termination in the reference?

Generally no - unless the employee expressly requests this. If the employee resigns on their own initiative, the statement „at their own request“ can be advantageous, as it shows that the employee has not been dismissed.

What to do if a reference is missing?

If the employer does not issue a reference despite being requested to do so, you can send a reminder and, if they continue to fail to act, take legal action at the labour court to obtain a reference. In addition, you may be able to claim damages if you have suffered disadvantages as a result of the missing reference.

Can I sue for a better reference?

Yes, if your performance was better than described in the reference. However, the burden of proof for an above-average evaluation lies with the employee. Attorney Reichelt will help you to compile the necessary evidence.

Does the reference have to be issued on company stationery?

Yes, the reference must be printed on the employer's business form and signed by a higher-ranking superior. A reference on blank paper or with an incorrect signature is incorrect and must be corrected.

Can the certificate mention periods of illness?

Generally not. Periods of illness may only be mentioned in the reference if they account for a significant proportion of the period of employment (more than half according to case law) and therefore do not allow a meaningful assessment of performance. In all other cases, mentioning periods of sick leave is not permitted.

Decoding a reference - the secret language of references

The language of references in Germany has developed into its own code over decades. According to the principle of benevolent formulation do not write anything openly negative - instead, they use coded language that experienced HR managers can see through immediately. It is therefore crucial for employees to be able to decode their reference.

The performance assessment grading scale in detail

The central evaluation in the employment reference is carried out via the so-called Satisfaction formula. Small nuances in the wording make the difference between a very good and a poor rating:

Grade	Formulation	Meaning
1 (very good)	„Always to our complete satisfaction“	Outstanding, consistently above-average performance
2 (good)	„Always to our complete satisfaction“	Consistently good, above-average performance
3 (satisfactory)	„to our complete satisfaction“	Average performance - missing „always“ is decisive
4 (sufficient)	„to our satisfaction“	Below average - missing „full“ is the key
5 (unsatisfactory)	„By and large to our satisfaction“	Significant performance deficiencies
6 (unsatisfactory)	„He/she has endeavoured to fulfil the tasks“	Completely inadequate performance

Attention: The decisive word is often just a single addition. The difference between grade 2 and grade 3 lies solely in the word „always“ - Anyone who overlooks this is significantly underestimating the negative assessment of their certificate.

Further coded formulations

In addition to the satisfaction formula, there are numerous other codes that are difficult to recognise even for experienced readers:

• „was always endeavoured“ - probably the best-known formula for destruction: The employee has tried but failed
• „completed the tasks with our approval“ - only sufficient, no initiative
• „showed understanding for the work“ - understood the work, but did not do it
• „was always interested in the subject“ - interested, but without result
• „has dutifully completed all tasks“ - Only service by the book, no commitment
• „was capable and able to defend his opinion“ - Uncomfortable employee who often disagrees
• „contributed to improving the working atmosphere through his sociability“ - Indication of excessive alcohol consumption
• „left our company by mutual agreement“ - the employee was advised to leave

Why you should have your reference checked by a lawyer

The language used in references is so complex that even experienced employees overlook hidden negative assessments. A single wrongly chosen word can mean the difference between an invitation to a job interview and an immediate rejection. HR managers know these codes and analyse a certificate in seconds.

Attorney Reichelt decodes your reference point by point, identifies all hidden negative messages and, if necessary, enforces the correction against your employer - if necessary also before the Labour court. You should not take any risks, especially when changing jobs: Have your certificate before the next application check professionally.

This article is intended to provide general information and does not replace individual legal advice. For a review of your employment reference, please contact Lawyer Martin Reichelt in Dresden.