Randi W. v. Muroc Joint Unified School District 1997: implications for employer liability in employment references

The California Supreme Court in the case entitled Randi W. v. Muroc Joint Unified School District 1997 ruled that employers may be liable for negligently and intentionally misrepresenting an employee's suitability in their employment references. The case concerned a 13‐year‐old girl student who was allegedly molested by a school vice‐principal, Robert Gadams, in his office. Gadams had been the subject of charges of sexual impropriety involving female students in his three previous teaching posts. The plaintiff sued Gadams, and a range of defendants who had written references recommending him for employment. The Court found that the defendants could be held liable for fraud and misrepresentation because the facts allegedly known about Gadams were not disclosed in the references. The article examines the consequences of the ruling for the provision of employment references. In particular, it examines the ‘no comment’ option, whereby employers only confirm basic employment details about employees.