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>What I think this is intended to cover is cases where someone who works
>there used to work with you, or goes to your church, or has a
>friend-of-a-friend whose kid is in your kid's Little League, etc. In the
>mid-sized city where I live, it's not uncommon to be able to discover
>contacts of this kind within the software industry.
I think it's something of a fantasy to imagine that people who know
both you and a prospective employer aren't going to choose to talk
or not talk about you based on their personal loyalties rather than
on whether someone has your permission to ask about you.
>Without this type of release, using "backchannel" references (i.e., asking
>people about you whose names you didn't give them) can give you grounds to
>sue them (for similar reasons as employers have been sued for giving more
>than employment confirmation).
I'd be *very* interested in hearing if you know of any instances where
this has happened and the suit has been successful. I suspect that most
companies have limits on what can be said about a former employer
primarily to avoid nuisance suits rather than out of fear they're actually
going to lose in court.
Gene Kim-Eng
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