Inadequate performance or personal differences in the workplace can lead to dismissal. Nevertheless, even in such cases, the employees concerned are entitled to a fair reference. In this blog, we would like to show you what does and does not belong in a reference.
In principle, a reference must be truthful, clear and worded in such a way that it does not jeopardize the employee’s career progression. The reference must not contain any false information about the employee, but the employer must not conceal important information about the former employee either. If facts relevant to a future employer, such as a criminal offense in the workplace, are omitted from the reference, the issuer of the reference can be held accountable. The reference must be formulated clearly and comprehensibly, with no room for interpretation.
Coded references are not permitted. Employees must be assessed fairly and must not be compared with exaggerated requirements. The assessment must take into account the entire duration of employment. It should reflect both the performance and the behavior of the employee as well as the interaction with co-workers, superiors and customers.
Health information has no place in an employment reference, as this information is too personal. In a few exceptional cases, however, this information may still be mentioned according to federal court rulings. For example, if the person in question was frequently absent due to health problems and these absences significantly affected the employment relationship or the person was significantly restricted due to the illness. The health problems may also be mentioned if they ultimately led to the termination of the employment relationship.
Employees have the right to request an interim reference at any time during the employment relationship. A final full reference is issued when the employee leaves the company. The employee is entitled to a reference. If the employer refuses to issue an appropriate interim or full reference, the employee can sue for a reference to be issued. If an incorrect or incomplete reference is issued, the employee can also sue for a correction.
Our lawyers will be happy to answer any questions you may have in the area of employment law.