Have you heard about “Negligent Referral”?

Negligent Referral
Elga Lejarza-Penn, aPHR, PHR, SPHR, SHRM-CP, SHRM-SCP, GPHR

What can you tell us about this person? “The only things we can verify are position and employment dates”.
Would you rehire this person? “No comments”
Sounds familiar?

Why are we so reluctant to offer any additional information?
Of course, “DEFAMATION”!
But defamation is when we say something (slander) or we write (libel) something that is not true about an individual and by doing so, we hurt this person professionally and financially. So if we are saying or writing something that is a fact, that is the truth then it is not defamation.

Have you heard about “Negligent Referral”?
It is the failure of a former employer to disclose information about a former employee that leads to the injury of an innocent third party.

For example, you terminate an employee for engaging in workplace violence and you don’t explain why the individual was terminated when you receive a call from a employer who is considering hiring this person, you could be liable of “Negligent Referral”.

To avoid a negligent referral claim only provide truthful information that is job related and consider obtaining signed releases from employees who leave your organization.

Honesty is the best policy!

Upcoming Employment Laws Certificate Programs

2-Day Employment Laws Certificate Program for HR Professionals, Managers and Supervisors (Starting 9-19-2022)

Join us online via Live Stream / Webinar for our Instructor-Led 2 Day Employment Laws Certificate Program for HR Professionals, Managers and Supervisors.  If you supervise at least one employee you need to be knowledgeable with Employment Laws to avoid costly lawsuits, judgments, settlements and to reduce employee complaints and claims. The amount of discrimination, harassment, retaliation and other claims filed with the EEOC and the Department of Labor continues to rise every year. Now more than ever, HR Professionals, managers and supervisors need to understand and be familiar with employment laws because they share responsibility with HR to ensure their interactions and relations with employees are compliant with federal and state employment laws. One single lawsuit can have damaging and costly effects on the organization. Violating an employment law is a very high-ticket price to pay. The check that the company will have to write would include a lot of zeros on it. To help our HR Professionals, Managers and Supervisors succeed and to protect our organizations from legal entanglements, we need to train them on essential Employment Laws.

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2-Day Employment Laws Certificate Program for HR Professionals, Managers and Supervisors (Starting 11-17-2022)

Join us online via Live Stream / Webinar for our Instructor-Led 2 Day Employment Laws Certificate Program for HR Professionals, Managers and Supervisors.  If you supervise at least one employee you need to be knowledgeable with Employment Laws to avoid costly lawsuits, judgments, settlements and to reduce employee complaints and claims. The amount of discrimination, harassment, retaliation and other claims filed with the EEOC and the Department of Labor continues to rise every year. Now more than ever, HR Professionals, managers and supervisors need to understand and be familiar with employment laws because they share responsibility with HR to ensure their interactions and relations with employees are compliant with federal and state employment laws. One single lawsuit can have damaging and costly effects on the organization. Violating an employment law is a very high-ticket price to pay. The check that the company will have to write would include a lot of zeros on it. To help our HR Professionals, Managers and Supervisors succeed and to protect our organizations from legal entanglements, we need to train them on essential Employment Laws.

Find out more »
$1,295.00 Buy Now

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