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Black V. Usher Transport Case Summary

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In the case of Black v. Usher Transport, 2011 U.S. Dist. 32775 (S.D. Ohio), the text states that Mr. Black was a former truck driver for Usher Transport, who was contacted by a prospective employer of Mr. Black (Walsh, 2013). Usher Transport informed the prospective employers that Mr. Black had failed a drug test, and that he had been arrested, in which the office worker later retracted stating, that both the arrest and drug test were a mistake and that here was not official proof of the arrest (Walsh, 2013). Mr. Black felt that he had a reasonable cause to file for defamation against Usher Transport for falsely reporting information that was incorrect. Black could contend that Usher Transport does not have the proper documentation of Black's alleged arrest and implies that Usher Transport falsely indicated that Black was arrested. If Mr. Black listed the former employer as a reference on his application or had given a written consent …show more content…

Black, or that there was a malicious intent to harm his reputation. I believe that Usher Transport was simply looking out for the best interest of the prospective employer and the foreseeability of harm to others. Usher Transport did admit that the falsely told prospective employer of incorrect information, but they also had information in Mr. Black’s personnel file of the alteration. That documentation could show that they did see a foreseeable harm that Mr. Black could have on others and a prospective employer. As a judge, I do not think there would be enough evidence and documentation to rule in Mr. Black’s favor. I would think and hope as well that Usher Transport learned a valuable lesson in this situation that could have to be costly to them. To help avoid the problems in the future they could simply state, "I cannot provide a positive reference for you," and stick to the facts (“Giving References for Former Employees”,

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