Employers are often confronted with calls or requests for information regarding individuals whom the employer previously employed. Many employers will only provide limited information regarding the former employee. When a company whose main purpose is to conduct background checks contacts a former employer, however, some employers treat that contact differently. The question is, should they?

In Pendergrass v. ChoicePoint , Theodore Pendergrass worked for Rite Aid as a shift supervisor in Philadelphia. In January 2006, Rite Aid involuntarily terminated Pendergrass’ employment because of, according to Pendergrass, losses that Rite Aid had purportedly sustained on his account. At the time of the termination of his employment, Pendergrass signed a statement regarding the basis of his termination.