German Court Tightens Rules on When Employees Can Demand Interim Job References

Cologne’s regional labour court has spelled out what it takes for a worker to successfully ask for an interim performance review — and reminded employers that a simple wish to switch careers does not automatically trigger the obligation.

The Landesarbeitsgericht (LAG) Köln ruled in early March 2026 (case number 5 SLa 495/25) that an employee’s desire for a professional reorientation can justify a claim for an interim reference, but only if the worker convincingly explains why the assessment is essential for their next career step. The court emphasised that each case must be examined individually under the principle of good faith (Section 242 of the German Civil Code). There is no blanket right.

That nuance matters because many employers face a rising number of requests. Data from statutory health insurers show a sharp increase in sick-leave days in recent years, which has in turn fuelled more court disputes over dismissals — particularly where companies suspect false medical certificates. Interim references, which capture a worker’s performance and conduct at a specific point in time, are often used as evidence in those conflicts.

Yet the purpose of a reference remains tied to career progress — not legal tactics. The Federal Labour Court (BAG) already decided in 1993 (case 6 AZR 171/92) that no entitlement exists if the reference is sought solely to serve as evidence in another lawsuit. When a document is requested only for procedural reasons, the employer has no duty to issue a performance and behaviour assessment.

For companies, the Cologne ruling creates a balancing act. Legitimate requests for professional development must be supported, but the legal preconditions need careful scrutiny. The decision offers a practical guide: managers should ask employees to state clearly how the interim reference will help them advance, and reject demands that hint at purely evidentiary use.

With sick-leave rates climbing and job mobility growing, the interplay between interim references and dismissal litigation is unlikely to fade. For now, the LAG Köln has given both sides a clearer map — and a reminder that good faith cuts both ways.

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