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ARTICLE · 05 JULY 2011

Be Careful In Responding To Reference Requests

Some companies have formal policies on how to respond to reference requests. Other companies lack such policies, and exercise little control over the process.

United StatesEmployment and HR

Some companies have formal policies on how to respond to reference requests.  Other companies lack such policies, and exercise little control over the process.  A recent federal court case from New York illustrates the problem with such a loose approach.  There, the plaintiff, Julie E. Male, sued her former employer, Tops Markets, LLC, for employment discrimination and retaliation.  One of her claims alleges that Tops Markets retaliated against her by providing a negative reference.

Male had taken FMLA leave while working for Tops Markets, and was later terminated.  She applied for more than 100 jobs, but apparently landed none.  She claims that a Top Markets manager informed one of her prospective employers that Male "missed and was late to work a lot because of her personal and medical issues."

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