Pity the poor former employer who is asked to give a reference. Even employers who want to be truthful face a dilemma: If they give information that hurts the employee's chances, they could face a lawsuit for defamation. For this reason, many employers have adopted a "name, rank, and serial number" approach to giving references.

The best way to convince a former employer to spill the beans is to remove this obstacle. Ask your applicant to sign a release authorizing the former employer to give a reference and promising not to sue over the information provided. This gives the former employer some legal protection -- and also gives the former employee good reason to choose references carefully.