LAG Hamm: Reference letter must meet formal standards

A German labor court ruled that an employment reference must include a proper letterhead with the employer’s name and address. If the company uses official stationery, the reference must be issued on it. The case clarifies that failing to meet these formal requirements means the reference is invalid, even if the content is correct.

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Reference must include letterhead

The Higher Labor Court of Hamm ruled on February 19, 2026 (Case No. 9 Ta 319/25) that an employment reference must meet basic formal standards to be valid. This means it must include a proper letterhead with the employer’s name and address. If the company uses official stationery, the reference must be issued on it. For employees, this means a reference without these details doesn’t count as legally fulfilled—even if the content is correct.

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Why the court decided this way

An employment reference isn’t just about the content—it must also look professional. The court confirmed that a reference without a letterhead or on plain paper fails to meet the minimum formal requirements. This rule exists to prevent employers from distancing themselves from the reference’s content. Since the company in this case used official stationery for other business documents, the reference had to be issued on it.

What happened in this case

The employee and employer had previously agreed in court that the employer would issue a reference with a „very good” performance rating. The employer later provided a reference—but without a letterhead or company stationery. The employee argued this didn’t fulfill the agreement. The court agreed and upheld a fine against the employer for failing to comply with the court order.