A constant point of contention after an employee leaves is the reference. As a rule, the departing employee has to apply for other jobs on the basis of the reference, whereas the old employer often gets carried away to hide a little "tip" in the reference for the former employee. Often this is done through a kind of codified reference language, which only reveals the actual content of the wording to the trained reader.
An employer's reference should therefore always be checked for the following points:
External form of the certificate
Even the external form of a reference can speak volumes about the employer's esteem or disregard for an employee. If a reference contains obvious spelling mistakes, this already indicates that the employee is held in low esteem. Case law has therefore set certain requirements for the appearance of a reference.
An employer's reference must first have a correct visual appearance. It must therefore be written on the usual company stationery, which shows the exact company name, the address and the legal form of the employer. If the employer does not use special stationery, the reference may also be written on a white sheet, which must show the same information.
The certificate must also have no defects such as bold marks or erasures, spelling mistakes must be avoided, and exclamation and question marks as well as underlining or bold print are prohibited.
The certificate must also be signed in person by the employer or a responsible representative (for example, the personnel manager).
Contents of the certificate
A distinction is made between a simple and a qualified certificate:
The simple certificate only contains the duration and nature of the employment relationship and thus only constitutes proof of employment.
The qualified reference, on the other hand, contains a description of the employee's willingness to perform and conduct. It is intended to inform the potential new employer comprehensively and truthfully about the employee's working methods. In this context, case law has developed the principle that the employer is obliged to provide a benevolent assessment - the departing employee should not be thrown any obstacles in the way of his or her further career.
Due to this jurisprudence, formulations and courses of action have emerged in practice that make it possible to read "between the lines".
Thus, highlighting (banal) self-evident facts means that the employer has nothing else positive to report about his employee. For example, the formulation that the employee "always showed up on time" is such a matter of course.
Another stylistic device for hidden criticism are restrictive formulations. Such phrases are often not recognisable on first reading and are therefore particularly tricky. This is the case, for example, if an employee only "participated" in a training measure. In plain language, this means that the employee was physically present but did not learn anything. If the employee is considered to have performed well at work "overall", this indicates that he or she also had his or her bad phases in which he or she did not perform well at work.
Also difficult to detect is the omission of expected assessments, the so-called eloquent silence. For example, if an employee has to work with cash on a regular basis, one will expect a reference in the employer's reference that the employee has been fundamentally honest. For a cashier, for example, her honesty is a characteristic of fundamental importance.
Finally, the order of the text passages that are customary for a reference plays an important role. This is especially true if less important criteria for the employment relationship are dealt with before the actually important points. If, for example, a long-distance lorry driver is first told that he has a good relationship with his colleagues and then his work performance is assessed, it seems that his work performance was not very good. As a general rule, the scope of duties and work performance should be mentioned before other subordinate criteria.
The overall report mark
Usually, every employer's reference contains standard formulations and key words from which one can read out a grade comparable to a school report for the corresponding subarea:
Work performance:
He did his work
- Always to our complete satisfaction = very good
- Always to our full satisfaction = good
- (always) to our (full) satisfaction = satisfactory
- to our satisfaction = sufficient
- Overall to our satisfaction = poor
- strive to meet the requirements = insufficient
Expertise:
Mr. Mustermann,
- has comprehensive and extensive specialist knowledge, which he has been able to apply in practice with great success = very good
- has good (wide-ranging) specialist knowledge, which he used successfully in practice = good
- has a solid technical knowledge = satisfactory
- has the necessary expertise = sufficient
- was keen to develop his expertise = poor
- has (basic) knowledge capable of development = insufficient
Reliability:
Mr Mustermann was
- extremely reliable and very accurate at all times = very good
- Reliable and very accurate at all times = good
- Always reliable = satisfactory
- reliable = sufficient
- fundamentally reliable = poor
- Always striving for reliability = insufficient
Work behaviour:
His behaviour towards superiors and employees was
- Always faultless (exemplary) = very good
- faultless (exemplary) = good
- always good = satisfactory
- always satisfactory = sufficient
- overall satisfactory = poor
- striving for a positive atmosphere = insufficient
Hidden clues
In addition, formulations are regularly found in a certificate that only reveal their actual content when the secret language of the certificate is known. The following formulations are common, for example:
"He has expert knowledge and a healthy self-confidence"
means: Overplays lack of expertise with arrogance and arrogance.
"He is a demanding and critical employee"
means: He is an egocentric employee who insists on detailed compliance with his rights.
"He carried out the work assigned to him with diligence and interest"
means: He made unsuccessful efforts.
"He was a good role model because of his punctuality" or "He did his activities within his capabilities"
means: His performance was completely unsatisfactory.
"He had the opportunity to participate in further training measures"
means: but did not take advantage of them.
"He knew how to delegate all tasks with success"
means: Shirked the work.
"He has made an effort to suggest improvements"
means: A know-it-all who cannot put his expertise into practice.
"He had understanding for the employees under his command at all times."
means: He showed weak leadership behavior and had no assertiveness.
"In the circle of colleagues he was considered a tolerant employee"
means: There were quarrels and problems with superiors.
"He was committed to the interests of his colleagues"
means: He is a member of the works council.
"For the concerns of the workforce, he demonstrated extensive empathy"
means: sought sexual contacts in the company.
"He has contributed to the improvement of the working atmosphere with his sociable manner"
means: He has an alcohol problem.
If you find any of the above formulations in your employer's reference, it is recommended that you have your employer's reference checked by a qualified lawyer. Mr. Wagner, lawyer, will be happy to assist you in this regard.
GoldbergUllrich Attorneys at Law 2017
Master of Laws (Industrial Property)
Certified data protection officer (TÜV NORD)
E-mail: m.wagner@goldberg.de
