Complaint job reference ▶️ Lawyer helps

YOUR RIGHT TO A FAIR REFERENCE

Legal action by lawyer

Employees are entitled to a final reference (or interim reference if applicable) upon termination of employment. If the employer refuses to do so, a legal action by a lawyer can help.

The following applies to both forms of reference: The job reference must be clearly and unambiguously formulated and must not contain any wording that could later be interpreted unfavourably for the employee. In practice, however, certain formulations have become established in recent years that can almost be described as ‘code’ among HR managers. To the untrained eye, such references always read very favourably - but anyone who knows the exact meaning of individual terms and words will quickly find negative ways of interpreting these formulations. This makes it all the more important to have the reference checked by an experienced lawyer and, if necessary, to take legal action against it. This is the only way to be sure of being able to put the best possible self-presentation ‘on the table’ for your next job application.

HOW CAN I HELP YOU AS A LAWYER WITH A REFERENCE CLAIM?

As a lawyer specialising in employment law and reference actions in Munich, I can provide you with an introductory assessment of your entitlement to employment references in a detailed initial consultation. If you already have references, I will clarify their legal correctness and the quality of their content with you. Building on this, I will show you how to proceed to contest a reference that is unfavourable to you. The chances of having poor references contested are generally very good, as the onus of proof for disputed formulations lies with the employer. In particular, a claim for correction of a reference also prevents any new reference to be issued after the reference action from being worse than the originally contested reference.

YOU CAN TRUST US WHEN IT COMES TO CERTIFICATE COMPLAINTS

Specialist advice
Short-term appointments
Always there for you

info@bfs-kanzlei.de

+49 (89) / 139 284 10

DESIGN OF A JOB REFERENCE

As a rule, references consist of a job description, a description of performance, an assessment of behaviour and the final wording. The individual areas must be as complete as possible in order to be able to really assess the employee. There are also, for example, requirements for a reference on company letterheads (if used) and the use of formulations from regular interim references. On the other hand, there are also certain topics (parental leave, etc.) that do not belong in the reference letter.

SIMPLE JOB REFERENCE

The simple reference contains only the most basic information and no detailed assessment. It must contain the following information:

Personal details of the employee (name, date and place of birth if applicable)
Duration of the employment relationship (from when to when)
Job title and activities (position and description of tasks)

QUALIFIED REFERENCE

The qualified reference goes beyond this basic information and also contains an assessment of the employee's performance and behaviour. The following components should be included:

Introduction:
• Personal data: Name, date and place of birth (optional)
• Company data: Employer details (company, industry)
• Duration of the employment relationship: Start and end date
• Job title and job description: Specific tasks and responsibilities, project experience if applicable
Performance appraisal:
• Working method: How efficiently and independently was work done?
• Expertise: What qualifications and knowledge did the employee bring to the job?
• Work results: What was the quality and quantity of the results?
• Motivation and commitment: Did the employee show initiative, resilience, goal-orientation?
• Leadership and responsibility (for managers): How was the leadership behaviour, e.g. when leading a team?
Social behaviour:
• Behaviour towards superiors, colleagues and customers: Assessment of ability to work in a team and deal with business partners.
Conclusion:
• Thanks for the co-operation and regrets about leaving (if desired).
• Good wishes for your professional and private future.
Date and signature:
• Place, date and signature of the employer or a representative of the company.

Strategy

Every case is different - as a lawyer, every case requires its own individual approach in order to do justice to the subject matter and the client.

Communication

Legal standards alone do not solve cases - efficient communication between lawyer and client, but also with the opposing party, ensures real results.

Experience as a lawyer

Serving various areas of law with specialised lawyers to represent personal and economic interests.

Contact

Social media