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http://ssrn.com/abstract=1215189
 
 

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Solving the Employee Reference Problem: Lessons from the German Experience


Matthew Finkin


University of Illinois College of Law

Kenneth Glenn Dau-Schmidt


Indiana University Maurer School of Law

September 22, 2009

American Journal of Comparative Law, Vol. 57, 2009
Indiana Legal Studies Research Paper No. 142

Abstract:     
In this article we examine the problem of declining employer references in the American economy. We argue that the problem is not that employers inordinately fear potential slander and libel liability for giving references, but that they have no assurance of benefits from reciprocal references in exchange for taking any risk or suffering any cost in giving references. We provide a comparative legal analysis and argue that the United States might benefit from adopting an employer letter of recommendation system similar to that currently used in Germany.

Number of Pages in PDF File: 33

Keywords: references, libel, slander

JEL Classification: K31, L21, M12, P51

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Date posted: August 12, 2008 ; Last revised: September 30, 2009

Suggested Citation

Finkin, Matthew and Dau-Schmidt, Kenneth Glenn, Solving the Employee Reference Problem: Lessons from the German Experience (September 22, 2009). American Journal of Comparative Law, Vol. 57, 2009; Indiana Legal Studies Research Paper No. 142. Available at SSRN: http://ssrn.com/abstract=1215189 or http://dx.doi.org/10.2139/ssrn.1215189

Contact Information

Matthew W. Finkin (Contact Author)
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
Kenneth Glenn Dau-Schmidt
Indiana University Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-0697 (Phone)
812-855-0555 (Fax)
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