The employment reference is neither a marketing text nor a letter of reprimand. For decades, courts have required employers to report truthfully and at the same time benevolently — both at once.
Truthfully means: the assessment must correspond to actual performance and conduct. Benevolently means: formulations must not unnecessarily hurt or disguise, but they should not harm the employee where it is avoidable.
What the BAG checks
The BAG pays particular attention to the summary performance assessment and the conduct assessment. Deviations from the established reference language without an objective reason are attackable.
Disguised downgrades ("secret codes") violate the duty of truth because they convey a false or misleading assessment to the recipient.
Practical guideline
Orient yourself on the recognised grading scale and formulate clearly but not hurtfully. For average performance, grade 3 or 4 is permissible — it does not need to be disguised as grade 2.
For justified criticism: formulate factually, but without personal attacks or AGG-relevant characteristics.