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Administrative Issues Journal

Abstract

While providing references to students, business professors have to meet dual demands of giving sincere references to prospective employers while avoiding any potential litigation claims of “defamation” and “violation of privacy” from the students. While the approach of providing bare minimum information may seem to mitigate the risk of litigation claims of defamation from former students, it might serve as a potential pitfall for facing “intentional misrepresentation” liability from the prospective employer. This paper addresses these concerns, together with other legal issues U.S. business educators face in this area of potential liability. Suggestions are offered to those who provide references for the purpose of minimizing the possibility of litigation exposure, either from the student or from his future employer.

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