Failure to check references—particularly recent ones that possess information regarding wrong-doing by an employee at a previous job—can be evidence of negligence in hiring. But it is former employers being asked for information about their former employees that have the most to worry about regarding references. The principal legal concern is that former employers will be sued for defaming their former employees. Other worries are that former employers may retaliate against their former employees or negligently provide misleadingly positive referrals.