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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.
Furthermore, a liability for negligent referral may exist if employers do not fully and accurately describe the behavior or skills of former employees.
The clearest case raising the negligent referral issue is one in which the health and safety of others are at stake.
8) Many law professors and practicing attorneys believe fraudulent or negligent referral will become a more widely accepted tort claim.
Although this case deals with inaccurate affirmative statements rather than neutral or negative ones, the message from this court is clear: misleading references can be the basis for damages for negligent referral.
The referring company was charged with negligent referral.
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 .
Negligent Hiring suits are proliferating, as are Negligent Referral cases which charge companies with not being truthful on employment references because they fear defamation suits.