Solving the Employee Reference Problem: Lessons From the German Experience

Abstract

Employers in the United States confront an inability to secure refer ences for prospective employees due to the American legal environment which does not require that references be given. References are legally mandated in Germany. This Article explores the workings of these two legal regimes. Although it does not recommend the adoption of a mandatory reference system, it argues that much can be learned from the German experience. It proposes the creation of a legal safe harbor for a voluntary reference pool.