Solving the Employee Reference Problem: Lessons from the German Experience
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
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
Date posted: August 12, 2008 ; Last revised: September 30, 2009
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