Stephen L. Cox v. John A. Nasche, Individually, and Flightsafety International, Inc., a New York Corporation

ORDER

The memorandum disposition filed August 23,1995, is redesignated as an authored opinion by Judge Wiggins.

OPINION

BACKGROUND

Stephen L. Cox had been employed by FlightSafety International, Inc. (“FlightSafety”) from October 1983 to March 1985 and from April 1986 to January 1987. Cox was supervised during the latter period by John A. Nasche (FlightSafety and Nasche are referred to collectively as “Appellees”). Cox resigned in January 1987, in part because of his poor working relationship with Nasche.

In 1989, Cox sought employment as an Aviation Safety Inspector with the Federal Aviation Administration (“FAA”). The FAA’s application process required, inter alia, that Cox pass a government security check, identify all his former employers and supervisors, and sign a release form authorizing the FAA to contact former employers and inquire about Cox’s prior employment. The release provided, in pertinent part:

The FAA sent a written form to Flight-Safety, which Nasche filled out. The FAA then telephonically interviewed certain FlightSafety employees, including Nasche, regarding Cox’s employment history. Nasche did not give a favorable evaluation of Cox’s performance and…