Liability Issues of a Recommendation Letter

Liability issues of a Letter of Recommendation (LOR)?

Randi W. v. Muroc Joint Unified School District, 60 Cal. Rptr. 2d 263 (1977) writers of LOR (Letter of Reference) knew that the former employee had been accused of making sexual advances toward students. Despite this, they recommended him for any position, without reservation.  The person was hired and sexually molested a female student. The student sued the former employer and the California Supreme Court held that “the writer of a LOR owes a duty to prospective employers and third persons not to misrepresent the facts is describing the qualifications and character of a former employee, if making those representations would present a substantial, foreseeable risk of physical injury to the prospective employer or third persons.”   Read on

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