Employment Reference: What to do in case of unfair assessment?
When an employment relationship ends, one is entitled to a certificate of employment. But what can be done if this is unfair or unjust? Here's how to resist the evaluation.
During a job change or when a supervisor changes, it's important to obtain an employment certificate. But what if the evaluation deviates from one's own perception or is simply unfair?
Employees who feel their employment certificate is unfair should first try to discuss the issue with their supervisor and ask for the reasons behind the negative evaluation. If no solution is found and a change of the employment certificate is refused, according to Johannes Schipp, labor lawyer, there is the possibility to file a correction claim for the employment certificate. If he still refuses to change it voluntarily, going to labor court can help.
Proofs for performance required
In disputes over evaluation, it's not about traditional grades, but about the precise assessment of the provided performances. According to Schipp, the labor court procedure is as follows: "If the employer falsely attests the employee with only average performance, the employee must prove that they were better. If, on the other hand, the employer wants to attest below-average performance, the burden of proof lies with him to substantiate this."
The problem: Statements in an employment certificate often contain more than meets the eye. An employment certificate should be well-disposed, so negative evaluations often lie between the lines, as Schipp explains. Phrases like "He always tried hard" sound positive but actually mean poor performance.
Therefore, it's worth examining the employment certificate carefully and pointing out any discrepancies. A labor court process should ideally be the last resort, but it may be necessary if the employer does not cooperate.
This should be in every employment certificate
According to Schipp, there are two types of employment certificates: the simple one, which mainly serves as a record of employment, and the qualified one, which is the norm for employees. Employees have a statutory right to this more detailed form.
A qualified employment certificate should contain, in addition to the entry and exit date and a description of tasks, assessments of the employee's behavior and performance. According to the expert, it should also contain evaluations of the employee's efforts, their acquisition and application of knowledge, and their development.
The mention of industry-specific qualities can also be important. The certificate should also shed light on the employee's dealings with colleagues, supervisors, and customers. Expressions of gratitude and regret at the end are generally common. However, there is no legal claim to this.
About the person: Johannes Schipp is a labor lawyer, a member of the German Bar Association (DAV), and was until August 2021 the chairman of the Business Committee of the Labor Law Working Group in the DAV.
If an employee believes their employment certificate contains unfair judgments, they should first discuss the issue with their employer and request an explanation. If the employer refuses to correct the certificate, the employee may consider filing a correction claim or seeking assistance from a labor court. Sometimes, negative evaluations are implied in seemingly positive statements, such as "He always tried hard," which can actually indicate poor performance.
