When a former employer agrees to give a reference, it must tread very carefully—a misrepresentation can result in a lawsuit. This leads some employers to go with a “no reference” or “limited reference” policy. But that approach harms good employees who can’t get the good references they deserve, and in extreme cases, it increases the former employer’s risk of being sued for negligent failure to warn about unsuitable employees. There’s a solution: Follow these truthful reference guidelines.
In what’s being touted as a national precedent, the Indiana Court of Appeals upheld a $1.4 million trial court verdict for a Walgreens customer whose prescription information was leaked by a pharmacist to a third party. This may be one of the first times a health care provider was found liable under state negligence law for an employee’s failure to follow the federal Health Insurance Portability and Accountability Act (HIPAA)—and serves as a cautionary tale for employers in every state.
The following is a guest blog post by Gregory Grinberg, an associate with Harbinson Tune Kasselik in San Francisco, California. The firm specializes in workers’ compensation defense law. His blog, WCDefenseCA, deals with California workers’ compensation issues.
So, your employee was injured on the way to work… are you liable? Generally, the answer is “no,” but as with so many other things, there are some important exceptions.