A truck driver applied for a job. The prospective employer contacted former empl

Question

A truck driver applied for a job. The prospective employer contacted former employers, including another trucking company that had terminated the applicant’s employment two years ago. The report from the previous employer indicated that the applicant had been arrested while he worked for them and that he had tested positive for drugs. The office worker who completed the report based on personnel records later acknowledged that the statement about the positive drug test was a “mistake on her part.” Regarding the arrest, the company had received several reports that the driver had been involved in an altercation with another driver at a truck stop and put the information in his personnel file. However, there is no official record of an arrest and no proof that it ever happened. The applicant was not hired and sued his former employer for defamation. What should the court decide? Why?

Explanation / Answer

In such a case, I believe that the court should decide in the favour of the driver, as the courts take a decision based on the proof and witnesses. And, in this case, firstly the office worker has acknowledged that the positive drug test was a “mistake on her part”. Secondly, there is no official or written report about driver’s altercation with another driver at a truck stop. And most importantly, there is no official record of his arrest and no proof that it never happened. Based on all these, the court should take a decision in the favour of the truck driver.

Related Questions

Navigate

• Browse (All)
• Browse A
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.