You don’t have to accept a faulty or too-poor reference: you are entitled to an accurate, favorable and complete reference — and you can demand corrections if it deviates. The most effective path leads via a concrete counter-proposal: those who supply the employer with the desired wording ready-made typically get it that way most often. Escalation up to a lawsuit is possible — the important point here is the burden-of-proof rule of the Bundesarbeitsgericht.
Step 1: Precisely identify defects.
Collect the objections specifically: incorrect data or activities, missing tasks, wording of notes below your service level, omissions (closing formula, leading paragraph), sequence codes and secret codes. The more precise the list, the stronger your position. The free instant check automatically creates this findings list — the attorney's report additionally provides suitable replacement phrasings and a ready-to-use demand letter.
Step 2: Request an amendment with a counter-proposal
Request the correction in writing, with a deadline (usually two weeks) — and attach the counter-draft at once. This lowers the hurdle for the employer to a minimum: he only has to print and sign. Make sure your draft uses proper employment-reference language and is internally coherent; an exaggerated draft (everything “utmost satisfaction” without substance) provokes resistance.
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The burden of proof: Who wants to prove what?
According to the jurisprudence of the Federal Labour Court (Judgment of 18 November 2014 – 9 AZR 584/13), the starting point is the middle grade 'satisfactory'. If you demand a better rating, you must substantiate and prove above-average performance — for example with interim references, appraisals, target achievement or bonuses. If the employer wishes to rate worse than 'satisfactory', he bears the burden of proof. A good interim reference is therefore worth its weight in gold.
Step 3: Lawsuit before the Labor Court
Should the employer remain firm, the Labour Court decides on the correction. A feature of the first instance: Each party bears its own attorney’s fees, regardless of the outcome (§ 12a ArbGG). With legal protection insurance, the proceedings are practically cost-free; without legal protection insurance, the question of costs is left to the attorney’s discretion. In practice, many proceedings end in a settlement in which the certificate text is jointly agreed.
What is realistically achievable
Very good chances exist for corrections to facts (data, tasks, position), the elimination of impermissible secret codes, and the completion of missing mandatory components. Upward grade jumps require evidence; the closing clause is not enforceable, but negotiable. Realistic goals, well justified, are most often realized — precisely what the attorney's legal opinion with revision and a demand letter is designed for.