Swift operates a trucking company and hired Belanger as a driver. One of Swift’s safety policies involves five infractions that can lead to immediate termination of its drivers, including rear-ending another vehicle. In his third year of employment, Belanger rear-ended another vehicle and was terminated when Swift’s claims department concluded the accident was preventable. Swift recorded the incident on a clearinghouse data Web site that other companies used to check on commercial driving records, and as a result, Belanger was unable to find work and thus sued Swift for defamation.
Is Swift’s report that Belanger did not meet Swift’s safety standards in the clearinghouse data Web site covered by the employer’s reference privilege defense? What is the public policy behind giving privilege to employer references?
