A Poor Job Reference – What Can I Do?

Does your reference read worse than you actually worked? You are legally entitled to a truthful, benevolent reference – and I will show you how to have it corrected.

You are holding your job reference in your hand and something is not quite right: the wording sounds more guarded than your actual performance ever was. Perhaps there is no word of thanks at the end. Perhaps it says only “to our full satisfaction” rather than “always to our full satisfaction”. To your next employer, that reads like a warning sign. And you are right to ask yourself: do you simply have to accept it?

In short

No, you do not. You have a legal right to a reference that is both truthful and benevolent. It must not make your professional progress unnecessarily difficult. If the reference is inaccurate, incomplete or worded negatively in coded “reference-speak”, you can demand a correction – and, if it comes to it, through the courts. One important point, though: anyone seeking to secure a grade better than “satisfactory” bears the burden of proof for it.

How I can help you

• reviewing your reference for impermissible wording and hidden codes
• giving you a realistic assessment of how promising a claim for correction would be
• drafting an out-of-court letter to your employer requesting the correction
• where needed, securing and preparing evidence (appraisals, witness statements, target agreements)
• keeping an eye on the deadline and, if necessary, taking timely court action

Your entitlement: more than just “any old” reference

Under section 109(1) of the German Industrial Code (GewO), you are entitled to a written reference when your employment ends. A simple reference sets out only the nature and duration of the work. The qualified reference, which is the one that really matters in practice, you must expressly request. Only then does the employer also assess your performance and conduct during the employment.

Under section 109(2) GewO, the reference must be worded clearly and comprehensibly. Formulations intended to convey to the reader something other than what the wording and outward form suggest are not permitted. These are the classic “secret codes” of reference-speak, by which HR departments quietly warn against a candidate. Your reference must be truthful and benevolent at the same time: the employer may not portray you as worse than your actual performance warrants, but nor may they lie. These two duties are often in tension with one another – and that tension is precisely where most disputes arise.

How to spot a problematic reference

In practice, certain fixed grade equivalents have become established for particular formulations. Broadly, they can be mapped as follows:

• “always to our fullest satisfaction” – very good
• “always to our full satisfaction” – good
• “to our full satisfaction” – satisfactory
• “to our satisfaction” – adequate
• “on the whole to our satisfaction” – poor

If an otherwise well-worded reference unexpectedly omits an “always”, that alone can amount to a downgrade of a whole grade. A layperson often will not notice it at first glance. Other warning signs are a strikingly short description of duties, or the absence of a closing sentence with thanks and good wishes. You have no free-standing legal right to such a closing sentence – but if it suddenly disappears after having been promised, that can be an indication. Formulations such as “he made every effort” instead of “he carried out” are also a red flag – a classic hint at a lack of success despite hard work.

Burden of proof: who has to prove what?

This is the point on which many clients miscalculate. The legal position splits in two directions:

• If the employer wants to give a grade worse than the average “satisfactory”, they must justify and prove it.
• If, on the other hand, you want to secure a grade better than “satisfactory”, the position is reversed. Then it is, as a rule, for you to set out and, in the event of a dispute, prove that your performance was above average.

For you, that means: a general sense of dissatisfaction is not enough in court. You need concrete evidence – such as targets met, pay rises, promotions, bonus payments, positive feedback in appraisal meetings, or witness statements from colleagues and superiors. The better you assemble this material, the more realistic a correction becomes.

The process: how you secure a correction

1. Have the reference reviewed. I go through it formulation by formulation. That lets me pin down where there really is a downgrade or an impermissible code – and where it is only your subjective impression playing tricks on you.
2. Gather evidence. Interim references, appraisal forms, emails containing praise, target agreements – anything that documents your actual performance.
3. Out-of-court request. As a rule, I first write to the employer requesting the correction and set a deadline. This often avoids a courtroom dispute altogether.
4. Claim before the employment tribunal. If the employer remains unmoved, I enforce the right to correction by way of a claim for rectification of the reference.

Do keep the exclusion periods in mind: many employment and collective agreements contain forfeiture clauses. Under these, you must assert your claims in writing within a few months of them falling due – otherwise they lapse, regardless of whether they were well founded. So check early on which deadline your contract sets. And do not wait until just before an application deadline.

An example from practice

One client worked for over four years as a team leader in a medium-sized company. She regularly received good appraisals and, most recently, even a pay rise for “outstanding leadership performance”. Her final reference then said merely “to our full satisfaction” – a noticeable downgrade compared with what her personnel file showed. With the documented appraisals and the pay rise as evidence, the employer could be persuaded out of court. They corrected it to “always to our full satisfaction”; no claim was ever needed.

Common mistakes

• Waiting too long. Letting months slip by risks the claim lapsing under contractual exclusion periods and loses you negotiating leverage.
• Insisting on a “dream grade” without evidence. Without solid documentation of your own performance, a demand for correction often comes to nothing.
• Signing the reference without comment (acknowledgement of receipt). A mere acknowledgement of receipt does not harm your claim – but do not confuse it with agreement to the content.
• Rushing straight to court without first writing to the employer. This often costs unnecessary time and stress when an out-of-court resolution was realistically within reach.
• Ignoring the reference out of frustration after a dismissal. Precisely those who have received a dismissal should actively pursue their right to a reference rather than settling for a carelessly worded text.

Frequently asked questions

Do I have to request the qualified reference separately?

Yes. Without an express request, the employer owes you only a simple reference under section 109(1) GewO, setting out the nature and duration of the work. For an assessment of your performance and conduct, you must ask for the qualified reference specifically – ideally in writing and in good time before the contract ends.

Can I request an interim reference while I am still employed?

A free-standing legal right to an interim reference exists only in certain situations – for instance when there is a change of line manager or an impending transfer. You are also entitled to one if you wish to apply internally or externally and can show a legitimate interest. In practice, though, many employers will issue an interim reference as a matter of goodwill if you simply ask politely.

What if the employer does not respond at all?

If the employer fails to respond despite a deadline, the route through the employment tribunal remains open. Your claim to a reference loses evidential weight over time, and exclusion periods loom. So do not wait too long.

Is the employer allowed to record poor conduct truthfully in the reference?

In principle, yes – the duty of truthfulness takes precedence over the duty of benevolence. However, the employer may not conceal negative facts in impermissible reference-speak or give them disproportionate emphasis. One-off, minor incidents generally have no place in a reference.

How long do I have to demand a correction?

There is no single statutory deadline. Many employment and collective agreements, however, contain exclusion periods of often only a few months. Check your contract and act promptly, ideally straight after you receive the reference.

Your next step

A poor reference has a direct impact on your next application. Waiting too long may well cost you real opportunities – and, in the worst case, the claim itself. Send me your reference. In an initial consultation, I will assess whether and where a correction is realistically achievable, and take over the communication with your employer on your behalf. You will also find further information about your rights at work on my topic page on employment law.

This article provides general information and does not constitute legal advice. Every case turns on its own facts. For an assessment of your individual situation, please arrange a consultation.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-08-23.

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