The prospective employer contacted former employers

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A truck driver applied for a job. The prospective employer contacted former employers, including another trucking company that had terminated the applicant’s employment two years ago. The report from the previous employer indicated that the applicant had been arrested while he worked for them and that he had tested positive for drugs. The office worker who completed the report based on personnel records later acknowledged that the statement about the positive drug test was a “mistake on her part.” Regarding the arrest, the company had received several reports that the driver had been involved in an altercation with another driver at a truck stop and put the information in his personnel file. However, there is no official record of an arrest and no proof that it ever happened. The applicant was not hired and sued his former employer for defamation. What should the court decide? Why?

Reference no: EM131774738

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