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Handling references for former employees is becoming increasingly complicated. For example, not disclosing an employee’s violent or improper conduct can expose your company to liability if that employee thereafter injures someone at the next employer. On the other hand, disclosing information about a former employee that is arguably untrue could lead to defamation and other claims from the former employee. In light of this conundrum, all employers must decide how to handle requests for references for terminated employees and there may not be a “one size fits all” answer.

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