Review and correction of employment references
Your employment reference accompanies you in every future application. Wording that sounds friendly at first glance may contain an unfavourable assessment. We review your reference and secure any necessary corrections.
The key points at a glance
Right to a reference
Under § 109 GewO, employees are entitled to a written reference when their employment ends. On request, it must also cover performance and conduct (qualified reference). An interim reference may be requested where there is a legitimate interest, for example a change of line manager or a transfer.
Clarity and goodwill
The reference must be clear and comprehensible and must not contain hidden messages. It must be truthful and, at the same time, worded benevolently so as not to hinder your career unnecessarily. The absence of customary statements can also carry a negative meaning.
Burden of proof
If you seek a better-than-average assessment, in the event of a dispute you will generally have to set out the facts that justify such an assessment. If the employer wishes to give a below-average assessment, the burden of proof lies with the employer. Collecting suitable evidence is therefore essential.
How we proceed
We review the structure, completeness, grading, closing formula and typical reference wording, and explain how a reader will interpret your reference.
We draft specific amendments and support them with reference to your duties, achievements and existing appraisals.
We call on the employer to make the correction and, if necessary, bring an action for rectification. The reference can often also be settled as part of a termination agreement.
Frequently asked questions
Can I require my employer to thank me for my work?
According to the prevailing view, there is no statutory right to a closing formula expressing thanks and regret. It is, however, customary and is frequently agreed in negotiations. If it is missing, this may be assessed in the context of the rest of the reference.
What grade can I achieve?
That depends on your actual performance and on what can be substantiated. Having reviewed your documents, we will assess which grade can realistically be obtained. In the context of an amicable separation, there is often more room for manoeuvre.
Your contacts
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Gewürzmühlstraße 5 · 80538 Munich