Employment References: Should Employers Have an Affirmative Duty to Report Employee Misconduct to Inquiring Prospective Employers?

Some commentators suggest, however, that these cases, combined with the doctrines espoused by the California Supreme Court in Tarasoff v. Regents of the University of California, support holding employers liable, even absent an affirmative misrepresentation, under a theory of negligent referral. This Note concludes that current law, even in light of Tarasoff, does not support judicial imposition of an affirmative duty to warn in the employment reference context.