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There is case law in some jurisdictions to the effect IF a past employer does NOT give the truth of a reference to a potential employer and that employee is hired, and they commit unlawful or tortious acts against that employer or a third party, similar to why they were fired, the LAST employer is open to a lawsuit for failing to disclose the employee to be hired was of such character.

Oh, I might add, these are known as "truth in hiring" lawsuits.
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.