Rush McKnight Labor Law Lecture Matthew Finkin - Albert J. Harno and Edward W. Cleary Chair in Law, University of Illinois College of Law January 31, 2008 4:30 p.m. - 5:30 p.m. Solving the Employee Reference Conundrum The reluctance of U.S. employers to give job references for former employees, other than dates of hire and job classification, has been widely remarked upon. Employers face a "prisoner's dilemma" they bear the potential liability of a lawsuit, but derive no benefit from the disclosure. The prevailing solution is to recalibrate the burden of proof in defamation suits brought by former employees against their prior employers who give negative references. Professor Finkin will offer a more aggressive alternative, better to facilitate the distribution of accurate information in the labor market.