Niece is CDL A driver, got fired +2 years ago for failing a drug test. Has had several tests since then, all clean. She is really making an effort to stay clean. She is now in a custody court battle with ex-husband who stabbed her about 3 years ago. She got dismissed today because someone sent an email (we think ex-husband) to her employer that she failed drug test 2 years ago. According to person who let her go, "He got an email" re the 2 year old drug test. Regardless of who sent email, is this actionable for damages?
it might be actionable against the person who sent the email. There is a cause of action called "tortious interference with prospective economic advantage." This might fall under that ambit. But it would be a mess of a case and almost certainly hard to prosecute. Sounds like she married the wrong guy and needs to get him completely out of her life. Perhaps a restraining order...
My colleague answered you correctly. However, another consideration is how the CDL operator completed her recent application for employment (if she now works for new employer). There may have been questions on the employment application (sometimes impermissible) which CDL operator may have answered less than forthrightly. If the questions she answered were lawful and she answered them evasively or falsely the employer may have had no choice but to fire her and there could be a defense in that regard. Best thing is for CDL operator to immediately consult with an employment law attorney because if this happened once it could happen again. New York State has some strong laws regarding Orders of Protection and a skilled practitioner may be able to help in that regard as well. Good luck.
Both of the above attorneys give you very good advice. I will say there is a lot of moving parts to this situation and no easy answers. I know David Spellman is an attorney who gives strong answers on this board and also happens to work out of Albany. It may be worth it to you to contact him.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.
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