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One more thing, I've worked for many companies that will not give a reference either way because if it's negative, and the person does not get the job based on that recommendation, they can sue you. On the other hand, if it is positive, the person gets the job, but mucks it up and turns out to be a loser, the new company can sue you if the hire was made due to that recommendation. How successful are these suits? Dunno, there's lots of provin' to do in either case. However, my previous employers all felt it was best to eliminate the possibility of expensive litigation in the first place by adopting a policy of "confirm dates of employment and job title" (and in some cases, "eligibility for rehire" - that's different than "would you rehire the person").
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The difference between theory and reality is that in theory there is no difference.
"God made man, but he used the monkey to do it." DEVO
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