What liability applies to former employees regarding past employee performance?

Negligent referral is the correct concept that applies to former employees concerning past employee performance. It involves a situation where an employer may be held liable for providing a misleading or incomplete reference about a former employee to a prospective employer. If an employer provides a positive reference that fails to disclose significant issues regarding the employee's past performance or behavior, they may be liable for negligent referral, especially if that information could have reasonably been disclosed to ensure the safety and integrity of the workplace.

In this context, negligent referral emphasizes an employer's duty to offer accurate information that reflects the truth about the employee's abilities and behaviors. Failing to do so can lead to negative consequences for the new employer and potentially harm others if the past issues were related to misconduct or poor performance.

The other options, while relevant in various contexts regarding employee performance, do not accurately capture the liability related to former employees in this specific situation. Negligent hiring pertains to the employer's responsibility in hiring processes, deceptive practices involve misleading actions that can occur in various contexts, and defamation relates to false statements made about someone that harm their reputation. Each of these has its implications but does not directly address the specific issues associated with providing references for former employees.