A school janitor was reprimanded for inappropriate verbal conduct toward students. He was subsequently arrested and charged with several counts of child molestation (not involving students). The charges were dropped in exchange for an agreement that the employee would resign. However, the employee was subsequently re-hired by the same school district as a substitute bus driver. When he applied for a full-time custodian position at another school district, the school superintendent provided a very positive letter of recommendation. The letter made no reference to the reprimands or criminal charges. When the new employer later learned of the molestation charges, it terminated the custodian for making false statements on his employment application and sued the first school district for negligent misrepresentation of the former employee’s record. What should the court decide? Why?