• Employee Has No Right to Particular Overall Score in Employer’s Reference
  • March 22, 2013 | Author: Michael Rainer
  • Law Firm: GRP Rainer LLP - Bonn Office
  • An employee has no right to a particular overall score from the preparation of an employer’s reference. Moreover, this right does not arise from the requirement for clarity in a reference.
    GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: In its judgment of 21 August 2012 (Az.: 3 Sa 234/12), the Rhineland-Palatinate Regional Labour Court (Landesarbeitsgericht (LAG)) decided that an employee has no right to a particular overall score from the preparation of an employer’s reference.

    The requirement for clarity in a reference does mean that the reference cannot be inherently contradictory. However, it does not follow from this that the employee has a right to a particular overall score from the preparation of an employer’s reference. 

    The LAG had to reach a decision in a case in which the claimant demanded that the reference granted to him be amended by the defendant. For this reason, the defendant was obliged to amend the reference, because the individual assessments therein pointed to the overall assessment desired by the claimant. The claim was dismissed by the Kaiserslautern Labour Court in its judgment of 10 April 2012 (Az.: 8 Ca 2013/11). The claimant’s appeal before the LAG was also unsuccessful.

    The LAG justified its decision by saying that an employee has no right to a particular overall score from the issuance of the employer’s reference. The requirement for clarity in a reference does mean that the reference cannot be inherently contradictory. Nevertheless, a right to a particular overall score in an employer’s reference can only arise from the requirement for clarity in a reference if the individual assessments of the employee, or other information in the reference, necessarily lead to the conclusion that the improved overall assessment demanded by the employee is appropriate. Such a conclusion was not justified in the case at hand.

    Whether conclusion of an agreement, written notice or dismissal, a lawyer active in the field of labour law shall represent your interests in individual and collective labour law, both extrajudicially and before a court.