"If you refer someone and you don't have reason to believe they are competent to provide those services, then you may be liable for a
negligent referral."
The exception to this principle is if by not revealing some information, you could be embroiled in a
negligent referral case.
Employers who have documented detrimental information regarding an employee's work history, but who don't share it with an inquiring potential employer, can be held liable for
negligent referral by providing misleading employment history.
Selected court cases dealing with negligent hiring and retention,
negligent referral, and negligent placement of students are summarized.
Furthermore, a liability for negligent referral may exist if employers do not fully and accurately describe the behavior or skills of former employees.
Where recognized, the concept of "negligent referral" joins negligent hiring and negligent retention as a third claim in the modern legal arsenal of weapons to be used against an unwary employer.
Hinkle filed a motion to dismiss the claim of negligent referral, which the district court denied.
We conclude only that negligent referral to a specialist ...
Potential liability for
negligent referral may also affect former employers' willingness to disclose prior job information.
The firm may be held liable for
negligent referral, which we discuss in a later section.)
If the employer knew or should have known about a former employee's negative propensities but does not reveal that information to a prospective employer, the former employer may be found to be liable under the doctrine of "
negligent referral."
Negligent referrals can create another professional liability cause of action.