Reference worse than expected - how can I fight against it?
February 18, 2023 | 40,00 EUR | answered by Alexander Lenzner
Dear Employment Law Attorney,
My name is Karl Heinze and I have been working as a project manager in a medium-sized company for the past five years. After ending my employment due to redundancy, I have now received my employment reference. Unfortunately, I am very dissatisfied with the reference as it does not accurately reflect my performance and dedication during my time at the company.
The reference only rates my performance as "satisfactory" and lacks specific examples of my achievements and contributions. Additionally, there are phrases in the reference that I believe come across as negative and devaluing. I have always given my best during my time at the company and received positive feedback from supervisors and colleagues. Therefore, I am very disappointed with the poor reference and fear that it could negatively impact my professional future.
How can I challenge the poor employment reference and what legal options do I have to enforce my right to a favorable reference? What steps should I take next to potentially improve my reference? I would greatly appreciate your professional advice and assistance in this matter.
Sincerely,
Karl Heinze
Dear Mr. Heinze,
Thank you for your inquiry regarding your employment reference. It is understandable that you are not satisfied with the evaluation and wording in your reference, especially if you have consistently performed well during your time at the company. An employment reference should accurately reflect an employee's performance and commitment and should not contain false or derogatory information.
In Germany, employees have the right to a positive employment reference according to § 109 GewO (Trade Regulation Act). This means that the reference must be truthful, but should also portray the employee's performance and qualities in a positive light. If you believe that your reference does not accurately reflect your actual performance, you can take action.
First, you should formally request the company to revise the reference and accurately represent your performance. You can provide specific examples of your achievements and performance during your time at the company. If the company does not respond to your request or refuses to change the reference, you can take legal action.
You have the option to consult with an employment lawyer who can assist you in this process. In such a case, the lawyer can file a claim for correction of the reference to enforce your right to a positive reference. The court will then review whether the reference meets legal requirements and may order a change to the reference if necessary.
It is important that you gather all relevant documents, such as employment contracts, performance evaluations, and internal feedback, and provide them to your lawyer to support your claims. Your lawyer will also advise you on the next steps and help you achieve a positive resolution in this matter.
I hope this information is helpful to you and leads to a successful resolution of your issue with the employment reference. If you have any further questions or need professional assistance, please feel free to contact me.
Best regards,
Alexander Lenzner
Employment Lawyer
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