Employment reference — have it reviewed, requested, or corrected

You are entitled to a truthful, benevolent and qualified employment reference (§ 109 GewO). The problem: The wording of the reference is coded — 'stets bemüht' is a damning label, and omissions speak volumes. A poor rating in the reference costs you job opportunities, often for years. The good news: Faulty references can be corrected — most effectively with a concrete counterproposal.

Testimony Codes

Always to our utmost satisfaction equals very good; Always to our full satisfaction equals good; To our full satisfaction equals only satisfactory. Missing expressions of thanks and regret, omitted core tasks, or praise for obvious things (was always punctual) are hidden devaluations — HR personnel read them fluently.

Which grade are you entitled to?

The starting point of case law is the middle grade "satisfactory." Those who want a higher rating must demonstrate above-average performance — for example with interim references or evaluations. If the employer intends to rate worse than "satisfactory," he bears the burden of proof.

Enforce correction

You can demand concrete wording: identify defects, set a deadline, attach a counter-proposal — many employers adopt a well-crafted draft in full. If necessary, the Employment Court decides; in the first instance each party bears its own attorney's costs, with legal protection insurance the enforcement is practically risk-free. Note: Short limitation periods under the contract also often apply here.

Didn't receive a certificate?

The certificate is a duty to fetch — you must actively request it in writing, using the word qualified and with a two-week deadline. The claim does not become time-barred until after three years, but contractual limitation periods of three to six months can cause it to lapse much earlier.

Documents you should have ready

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