Legal Question in Employment Law in California

An employer has a conditional privilege to communicate, without malice, with persons who have a �common interest� in the subject matter of the communication. The statutory privilege specifically applies to �a communication concerning the job performance or qualifications of an applicant for employment, based upon credible evidence, made without malice, by a current or former employer of the applicant to, and upon request of, one whom the employer reasonably believes is a prospective employer of the applicant. This subdivision authorizes a current or former employer, or the employer's agent, to answer whether or not the employer would rehire a current or former employee.� See California Civil Code section 47(c).