Summary Judgment – Negligent Misrepresentation and Tortious Interference – Palm Beach County

West Palm Beach Partner Jonathan Vine obtained an Order Granting Summary Judgment in a negligent misrepresentation and tortious interference claim brought by Plaintiff (a potential employee) against the Defendant (a recruiting firm) arising from Defendant’s disclosure of the fact that Plaintiff had not completed his college degrees to a potential employer.

During college, Plaintiff pursued but failed to obtain his Bachelor of Science degrees in two fields. In 2021, Plaintiff began corresponding with Defendant about potential job opportunities with multiple employers. After several interviews with one company, Plaintiff was asked to fill out an employment application for a position. In the employment application, Plaintiff represented he had obtained his Bachelor of Science degrees for the two fields he studied in college. At no point in time did Plaintiff disclose to the potential employer that he had not obtained his Bachelor of Science degrees. The potential employer extended Plaintiff a conditional offer of employment contingent upon Plaintiff passing a background check. Later, Defendant advised the potential employer company of Plaintiff’s incomplete degrees. Subsequently, the potential employer rescinded Plaintiff’s conditional offer of employment.

Plaintiff filed a Complaint against Defendant asserting Plaintiff relied on Defendant’s purported guarantee that his incomplete degrees would not be a problem in applying to the potential employer and Defendant intentionally and unjustifiably interfered with Plaintiff’s business relationship with the potential employer. Defendant moved for summary judgment arguing that Plaintiff did not justifiably rely on any representation of Defendant in applying to the position with the potential employer and that there was no record evidence to support the alleged interference underlying his claim for tortious interference, and even if, the Defendant was not a “stranger to the business relationship” between Plaintiff and the potential employer sufficient to demonstrate intentional and unjustified interference. The court agreed on both points and granted Defendant’s Motion for Summary Judgment.