In an article published in the April 2017 issue of Healthcare Risk Management, Birmingham attorney Carlton Hilson provides guidance on whether healthcare employers should address a former employee's behavior and the risks associated with commenting on it. The article explains that healthcare employers in most states have reporting obligations regarding misconduct by certain em­ployee classes. Hilson says that providing negative information about a past employee also can lead to litigation unrelated to claims of defamation. "It might be discrimination of some sort or other allegations that the employer mistreated him or her in a way that is actionable," he says. "They may have left the hospital with no animosity, and the negative employ­ment review might not be anything they can prevail on in court, but they're looking for a way to get back at the hospital."

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