Employment reference

Every employee is entitled to a reference upon termination of their employment. Find out what potential pitfalls this entails and how you can protect yourself against them.

Formal guidelines must be observed.

Your employee has given notice and is now asking you for a reference so that they can continue to shape their professional future successfully. As an employer, you are obliged to issue a reference. In addition, there are numerous legally binding regulations on formalities that must be adhered to.

A distinction is made between a simple reference and a qualified reference, which also contains information on the employee's performance and conduct.

It is important for employers to know which formal guidelines must be adhered to when formulating a reference. For example, references must be truthful, benevolent and complete. Section 109 GewO states that the reference must be formulated clearly and comprehensibly. Furthermore, negative comments by the employer are not permitted. Absences due to illness or warnings must also not be included in the reference.

If in doubt, contact us at an early stage before you have to fear possible legal consequences from the employee.

How We Can Assist You.

Process and Support

Initial consultation to discuss the appropriate course of action regarding the employee.
Detailed advice once individual objectives have been established
An out-of-court approach is initially possible, keeping costs low
Should the employee initiate proceedings, representation in court before the labor tribunal will be provided.

Goals and Prospects of Success

Drafting a legally sound employment reference, thereby ensuring legal certainty for employers.
Restoring workplace harmony in the case of interim references.

Time Commitment and Duration of Proceedings

Consultations are available at any time and on short notice.
Out-of-court representation generally leads to an agreement within a few business days
If no agreement is reached out of court, the labor courts determine the timeframe for legal proceedings. A conciliation hearing is typically scheduled quickly, within two to six weeks, to facilitate an amicable resolution of the dispute.

Costs and Fees

Initial consultation in straightforward cases is available for Euro 190.00 plus statutory value-added tax
For our advisory services, we offer time-based billing.
For litigation representation, fees are incurred at least according to the Lawyers' Remuneration Act.
For ongoing consultation, we naturally offer flat-rate fees. For individual projects, we also establish remuneration systems with you that can be tailored to your specific needs, combining fixed-rate components with variable elements such as time spent.