Employee Rights and Employment Policy Journal

"Reference Check Gridlock" describes the atmosphere of suspicion that surrounds the giving and getting of employment references. Fear of being sued in defamation leads many employers to give only minimal information about ex-employees-the so-called name/rank/serial number" response. This article first explains how this situation harms all the stakeholder groups: employers, employees, the public at large. It then argues that employer perceptions regarding legal exposure are distorted, and that recent state laws designed to address such concerns are no solution to the stalemate. It suggests an alternative solution, one which is likely to encourage the climate of heightened trust that would benefit all those affected.