Read each case and decide how the court should rule. Fully descibe your reasoning for the decision. Give references.
Problem 1. Gail Davis worked as an executive assistant to Motown legend Diana Ross. After about a year, the woman voluntarily resigned. About a year later, Diana Ross wrote and distributed the following letter:
"To Whom It May Concern:
The following people are no longer in my employment. [List of former employees including Gail Davis]. If I let an employee go, it's because either their work or their personal habits are not acceptable to me. I do not recommend these people. In fact, if you hear from these people, and they use my name as a reference, I wish to be contacted."
Gail Davis had not used Ms. Ross as a reference, nor had any employer requested information from Ms. Ross about Gail Davis. Ms Davis sued Ms. Ross. What should the court decide? Why?
Problem 2. 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 that the applicant had been arrested while he worked for them and 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 truck driver at a truck stop and put the information in his personal 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?