Solving the employee reference problem: lessons from the german experience!

Matthew W. Finkin, Kenneth G. Dau-Schmidt

Research output: Contribution to journalReview articlepeer-review


Employers in the United States confront an inability to secure references 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.

Original languageEnglish (US)
Pages (from-to)387-417
Number of pages31
JournalAmerican Journal of Comparative Law
Issue number2
StatePublished - 2009

ASJC Scopus subject areas

  • Law


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