Erickson v. Marsh & McLennan Co., Inc.
Supreme Court of New Jersey
570 F.3d 1096 (1990)
Erickson (plaintiff) claimed Marsh & McLennan (M & M) (defendant) fabricated sexual discrimination allegations to justify firing him, and when prospective employers later asked M & M why he was terminated, M & M said he lacked the expertise level required for their clients but had general commercial insurance knowledge and industry recognition; Erickson sued for libel, the trial court applied a qualified privilege requiring proof of actual malice by a preponderance of the evidence, and the jury found for Erickson, but the Appellate Division reversed in favor of M & M.
Whether a qualified privilege extends to an employer who responds in good faith to a third party's inquiries as to an employee's qualifications.