Findlaw for Small Business
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Tuesday, Aug. 19, 2008

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A. Dealing With Potential Employers

Always take a conservative approach with potential employers. People with a new job are less likely to sue former employers so avoid standing in the way of a terminated person's future employment if possible. Adopt a policy of simply confirming the facts of employ- ment, dates, duties, and positions held. The more derogatory information you supply a prospective employer (such as "The ex-employee is not eligible for re-hire because..."), the greater the chance you will face a defamation lawsuit. Remember, bad references lead to expensive lawsuits!

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From Hiring to Firing: The Legal Survival Guide for Employers
Copyright © 1995 by Steven Mitchell Sack