Do I have the right to a work reference when I terminate my employment?
September 6, 2022 | 40,00 EUR | answered by Bernhard Vollmann
Dear lawyer,
My name is Jens Hausdorf and I am currently working as a clerk in a medium-sized company. After much consideration, I have decided to terminate my employment and reorient myself professionally. In this context, the question arises for me whether I am entitled to a letter of reference if I terminate the employment independently.
My current situation is that I have been working in the company for five years and have always reliably performed my tasks. I have a good relationship with my colleagues and superiors, so I assume that my letter of reference would be positive. However, I am concerned that my employer may not be interested in issuing me a letter of reference since I am leaving the company.
My worries are that a missing letter of reference could affect my professional future. A qualified letter of reference is often an important reference for future employers and can significantly contribute to the assessment of my performance and qualifications.
Therefore, my question to you: Do I actually have a right to a letter of reference if I terminate my employment? If so, are there ways in which I can ensure that my employer issues me a favorable and meaningful letter of reference? I want to ensure that my professional reputation remains intact even after leaving the company.
Thank you in advance for your support and advice.
Best regards,
Jens Hausdorf
Dear Mr. Hausdorf,
Thank you for your inquiry regarding the reference letter to which you are entitled if you terminate your employment independently. First and foremost, I would like to assure you that you are indeed entitled to a reference letter, regardless of whether you leave the company of your own accord or if the employment relationship ends at the initiative of the employer.
According to § 109 GewO (Trade Regulations), every employee is entitled to a written reference letter upon termination of an employment relationship. This letter must be truthful, benevolent, and comprehensive. Therefore, the employer is obligated to issue you a qualified reference letter that accurately portrays your performance and qualifications.
To ensure that your employer provides you with a benevolent and meaningful reference letter, you can take various measures. Firstly, you should have a conversation with your supervisor and openly communicate your intention to leave the company. Explain how important a qualified reference letter is for your professional future.
Furthermore, you can also present a draft of the reference letter to your employer, highlighting your accomplishments and successes during your tenure at the company. This will make it easier for your employer to draft a meaningful reference, as they will have a template to follow.
If your employer still encounters difficulties or provides you with an inadequate reference letter, you have the option to enforce your rights through legal means. An employment lawyer can assist you in defending your rights and obtaining an appropriate reference letter.
In conclusion, you are entitled to a qualified reference letter when you terminate your employment. By engaging in open communication with your employer and, if necessary, taking legal action, you can ensure that your professional reputation remains intact even after you leave the company.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Sincerely,
Bernhard Vollmann
