Summary Of Black Vs Usher Transport Case

In the case of Black vs Usher Transport, the courts should rule in the favor of Black. This case involves a truck driver who can sue for loss of employment due to mishandled information and defamation of character. Black also was dealing with loss of salary and emotional distress because this caused an issue with him getting a job due to his job history. The reading in this case states that his drug test was read incorrectly by the office worker and that he lost his employment as a result of a positive drug screen. The misleading information had an impact on his future employment. In addition to the horrible accusations, was that information pertaining to an altercation he had at a truck stop with another trucker; however there was no information

The company fired the trucker due to a drug screen that stated that he tested positive for drugs, which was untrue. Also the company did not indicate that Black did not have a history using drug history. Later, the examiner came forward to admit that she had made a mistake in her report. The statement the examiner made should not be justified or ignored in this case. Since the company falsely accused the driver of being on drugs, he should be guaranteed his employment back and he should be compensated for back pay. “ The available sources of public may vary from case to case and there may be many statutory remedies that are preempted to relate common law tort actions. The damages that are indicated in this case falls under wrongful termination do not suffer from the same caps as some of the statutory claims and the statues of limitations fall in terms of years instead of days. Nevertheless, some plaintiffs can strategically benefit from common law or the state federal law (Oswald & Vogelsang,

The misleading information made it very difficult on him gaining employment. Any time that a person losses their job, it can bring about stress from worrying about how they manage financially and cause the individual to not be able to focus. The impact was powerful in this case, causing the truck driver to suffer for two years because of his termination. The courts should rule in his favor because of the emotional stress and choice of words that the employer placed in his file, which caused the issue from the start. Suing for defamation of character should be indicated as well because the company did tarnish his personnel file by stating that he got into a fight with another trucker at a truck stop. These statements that were placed in his personnel file made the trucker seem negative and did not work well with others and that he would be a troublemaker for any company that may hire him. The incident at the truck stop in this case could be ruled out as hear say due to the fact of like of documentation. Also, there was not a police report to give an indication of a brawl or arrest report of the driver being arrested for aggressive