An employment reference after termination is owed even if the summary dismissal is valid — this is what the Siegburg Labor Court ruled in its judgment of September 24, 2026 (5 Ca 1345/25). The court ordered the employer to issue both an interim reference and a final reference, even though the lawsuit was otherwise dismissed. For many employees, this is a crucial insight: even if the dismissal itself cannot be challenged successfully, the right to an employment reference persists.
Summary Dismissal: What the Siegburg Case Means in Practice
The case underlying the ruling concerns a production worker who had been employed since 2017. In June 2025, he was dismissed without notice because he allegedly announced he would “call in sick” and had “good lawyers.” The employee fought back with an unfair dismissal claim. The Siegburg Labor Court ruled, however, that the claim against the dismissal itself failed — the dismissal was not declared invalid. Nevertheless, the court awarded the plaintiff a claim to a qualified interim reference and a qualified final reference.
This ruling demonstrates: the reference claim is an independent right that exists regardless of the validity of the dismissal. Even if a summary dismissal is valid, the employer must issue a reference to the employee. This is particularly important for anyone who needs a meaningful reference to find a new job after dismissal.
When Is a Summary Dismissal Actually Valid?
A summary dismissal is only valid if there is a compelling reason that makes it unreasonable for the employer to continue the employment relationship. Examples include criminal offenses such as theft or fraud, but also serious breaches of contract. As a rule, the employer must have issued a formal warning before a summary dismissal, unless the breach of duty is so severe that a warning is dispensable.
In the Siegburg case, the employer apparently based the summary dismissal on a conversation in which the employee allegedly announced he would call in sick and take legal action. The court did not consider this sufficient grounds to declare the dismissal invalid — the claim was dismissed in this respect. This shows how high the hurdles for an unfair dismissal claim can be. Anyone wishing to challenge a summary dismissal should act quickly and seek legal advice. The deadline for filing an unfair dismissal claim is only three weeks after receipt of the dismissal. More on this in our guide to unfair dismissal claims.
Similar cases, such as a summary dismissal due to theft, illustrate how important a swift response is. Read our article Summary Dismissal for Theft: Why an Unfair Dismissal Claim Is Worthwhile.
Employment Reference After Termination: An Independent Entitlement
The claim to an employment reference is regulated by law. Under Section 109 of the German Trade Regulation Act (Gewerbeordnung), the employer must issue a written reference to the employee upon termination of the employment relationship. This reference must at minimum state the nature and duration of the work performed. At the employee’s request, the reference must also assess conduct and performance — this is then called a qualified employment reference.
Crucially, this claim exists irrespective of whether the dismissal is valid or not. Even if the employment relationship ends through a summary dismissal, the employer must issue a reference. The Siegburg Labor Court explicitly confirmed this in its ruling. The employee had demanded both an interim reference and a final reference — and the court ruled in his favor. The judgment makes clear that the reference claim does not lapse with the dismissal.
What to Do If the Employer Refuses the Reference
If the employer refuses to issue an employment reference, employees should first demand it in writing with a reasonable deadline. If you want to obtain an employment reference after termination, you should initially request it in writing with an appropriate deadline. Often a polite letter reminding the employer of its obligation is enough. If the employer still fails to comply, the claim can be enforced through the courts. The labor courts have jurisdiction for this.
It is important to keep deadlines in mind. While there is no statutory limitation period for asserting the reference claim like there is for an unfair dismissal claim, the general three-year statute of limitations applies. Nevertheless, you should not wait too long, as enforcement becomes more difficult over time. Anyone unsure should consult a specialist lawyer for employment law. Litigation funding from RechtStark can help minimize the cost risk.
Legal Costs and Risks: Why a Partial Claim Can Still Be Worthwhile
In the Siegburg case, the claim was partially dismissed — the employee had to bear 75 percent of the costs, the employer 25 percent. This shows that even a partially successful claim can involve costs. Nevertheless, it may make sense to pursue only the reference claim if an unfair dismissal claim appears hopeless. Such a partial claim is often faster and less expensive than a full legal dispute.
Employees should consider carefully what goals they are pursuing before filing a claim. If the only aim is the reference, an isolated claim for issuance of the reference may be the right choice. If the validity of the dismissal is also at issue, all claims should be combined. A specialist lawyer can help assess the prospects of success and choose the right strategy. RechtStark can also assist with funding if costs are an obstacle.
Practical Tips: Securing Your Right to a Qualified Reference
- Request the reference in writing, ideally immediately after receiving the dismissal.
- Check the content of the reference carefully: Are the nature and duration of the work correct? Are conduct and performance assessed accurately?
- Demand a correction if the reference is incomplete or inaccurate.
- Mind the deadlines: Every week counts for an unfair dismissal claim, but the reference claim should also be asserted promptly.
- Seek legal advice if in doubt — a specialist lawyer for employment law knows the pitfalls and can enforce your rights.
You can demand an employment reference after termination even if the dismissal is valid — the Siegburg Labor Court ruling is a good example of this. The claim is enshrined in law and can be enforced in court. Anyone who knows their rights and takes action can secure a fair reference even in difficult situations.
If you are affected by a dismissal and unsure what claims you are entitled to, do not hesitate to seek professional help. An independent specialist lawyer for employment law can assess your situation and initiate the right steps. RechtStark will, on request, assess whether litigation funding is possible for your proceedings.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.