• Misrepresentation. Whereas defamation is about disclosing untrue unfavorable information, misrepresentation is about disclosing untrue favorable performance, and this information causes risk or harm to others. When a past employer provides a glowing recommendation for a former employee who was actually terminated because of poor performance, that employer is guilty of misrepresentation. As an example, consider a case decided by the Supreme Court of California. Randi W., a 13-year-old female student enrolled in a middle school, accused her school vice-principal, Robert Gadams, of sexual molestation. Gadams had received glowing letters of recommendation from other school districts (i.e., his former employers), who had recommended him without reservation. For example, one letter of recommendation stated, “I wouldn’t hesitate to recommend [the vice-principal] for any position!” However, the former employers knew that Gadams had performance problems that included hugging female students and making sexual overtures to them. In fact, he had been pressured to resign because of such behavior. The Supreme Court of California ruled that employers can be held liable care in recommending former employees without disclosing material information that has a bearing on their performance.