MGS’ Ray Groble and Sean Sullivan secured a Summary Judgment in U.S. District Court. 

The plaintiffs claimed our client violated drug testing regulations, and were guilty of defamation and tortious interference with business prospects. The plaintiffs were employees of a contractor of our client, and they applied for jobs with our client. The plaintiffs were given conditional employment contingent on the results of background screening and a drug test. The plaintiffs’ drug tests returned positive, and as a result, they were barred from our client’s property. Our client notified the plaintiffs’ employer that the plaintiffs were barred from our client’s property, citing the failed drug test. The plaintiffs were then terminated by their employer. Plaintiffs challenged this in a suit against our client, their former employer and the drug testing facility; arguing that the drug tests were false and that by telling their employer about the drug tests, our client had defamed the plaintiffs and interfered with their prospective economic interests. 

The Court found that the communication about the drug test failure was protected by a qualified privilege, because it occurred in a legitimate business context, and was done in good faith to uphold a legitimate interest and was limited in scope to that purpose. The Judge granted our client summary judgment.

Mohan Groble Scolaro

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