Why The Employer Is Protected For Their Reference As Long Essay

1035 Words Sep 27th, 2015 5 Pages
1. The employer is protected for their reference as long as they meet two criteria. The first is that all the facts of the case must be factual. The judge in this case cited nothing that would indicate that the defendant was not being honest about the incident. They had a policy that drivers would be terminated for any accident that involved one of their drivers rear-ending another driver, and that is exactly what happened. The second is that the defendant did not act with malice. The judge concluded that there was no evidence the defendant had acted with malice in this case.
2. My personal opinion is that it should remain on the driver’s record, but that he should have a chance to explain his side of the story to any potential employers. We are all human, and humans are going to make mistakes. The owners of these trucking companies have a lot of money riding on hiring driver’s that are safe. If I was running a trucking company, I would want to look at his entire record, to include his civilian driving record. I would also want to know about any other type of criminal record he might have. If he was able to show that his record was clean except for the once incident, and he had some really good references, I would probably consider hiring him.
Mattison vs. Johnston Page 130
1. I believe the conflicting public policy concern in this case is whether or not Johnston was responsible for Drowne leaving Mattison to come work at the Johnston salon. Drowne knew that he or…

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