Ca. also has case law that says in giving a recommendation the employer owes a duty to the prospective employer and third persons *not to misrepresent* the facts in describing the qualifications and character of a former employee if making the recommendation would present a substantial, foreseeable risk of physical injury to the prospective employer or third person. However, employers are generally under no duty to disclose information regarding the credentials or character of a former employee. "No comment" recommendations that reveal only dates of employment and positions are permissible. Some companies have a co. policy to only give out limited information which is not illegal in and of itself.

