A Tale of Two Reference Check Responses — Liability for One, But Not the Other
The Lawsuit Alleging Misrepresentations in Responding to Reference Checks
In a 2008 federal court of appeals case, two medical employers responded to reference checks for the same anesthesiologist, Dr. Robert Berry. Dr. Berry was then hired by the inquiring hospital, where he botched a routine 15 minute procedure, leaving a patient in a permanent vegetative state. The incident allegedly occurred due to Dr. Berry’s drug addiction.
The hospital and its insurance company settled with the victim and in turn sued the previous two employers for misrepresentations in their responses to the hospital’s reference checking efforts.
The lawsuit alleged misrepresentation; the hospital claimed that the previous employers did not give accurate information in response to the reference checks by withholding known information about misconduct and drug use, and that had it received such information, it would not have hired Dr. Berry. Continue reading …
Article by George Lenard, the originator of George’s Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.
