If a former employer gives a glowing statement about a candidate and the new employer later learns of misconduct on the part of the employee during his or her previous employment, the new employer may sue the former for
A) negligence.
B) misrepresentation.
C) defamation.
D) misappropriation.
E) libel.

Question

Quizplus · Accepted Answer

If the former employer provided a glowing statement about the candidate despite knowledge of misconduct, this could be considered misrepresentation. The new employer may have relied on this statement and hired the employee based on it, only to later learn of the misconduct. The new employer could potentially sue the former for damages caused by the misrepresentation. Negligence (A) and misappropriation (D) are unlikely to apply in this scenario. Defamation (C) and libel (E) would only apply if the former employer made false statements that harmed the candidate's reputation.

If a Former Employer Gives a Glowing Statement About a Candidate