Well, employees assessed like this didn’t work more than they had to. And also if the employee shows “appreciation” for his work, it means he watched more than he worked himself. But further employment depends on how the employment reference is phrased.
According to our experience not the phrasing (almost everyone has access to the decoding on the internet – and we can achieve that your employer is not allowed to write that you have been let go by your company) but the “deafening silence”, which means that expected personnel reviews are simply left out, is a huge problem. Your future employer hence might find it strange that he cannot read anything about your effort in your employment references, for example.
For you as an employee, we check
- the employment reference according to hidden negative assessments
- the employment reference according to “deafening silence”
If necessary we appear in court for you to achieve a complaisant assessment.
Hint: If the employee wants assessments above-average he has to prove a reason to receive them. Therefore the employee should care for an interim report in better times – especially when the supervisor changes, you get relocated or you get an advancement. Another possibility would be to arrange the issue of an employment reference after a period of time in your employment contract. Also you should save records of incentive negotiations or target achievements.
For you as an employer employment references do not carry many incentives and might be issued overhastily. We advise our employers to hold the complaisant assessment back until the agreement according to the processing of the employment is made. Be aware that employees do not have a claim to a closing rate (repentance or gratitude) and that it is very hard for employees to achieve an above-average assessment in court, because they can’t prove their accomplishment.
If required please contact Jörg Steinbock – your lawyer specialised in labour law.