Case Study: Belanger v. Swift Transportation, Inc. The following is a case study analysis of Case 10.1 Belanger v. Swift Transportation. This particular case involves one former employee, Nathaniel Belanger and Swift Transportation Incorporated, a trucking company. This particular case revolves around Nathaniel Belanger braking one of the Swift Transportation “Forbidden Five” safety policies. The “Forbidden Five” are five infractions that can lead to immediate termination of its drivers (Melvin and Katz, 2015, pp. 265). One of these infractions involves rear-ending another vehicle. I believe the problem developed when Belanger was in his third year of employment with Swift Transportation. While Belanger was driving a Swift tractor-trailer …show more content…
on the Cross Bronx Expressway he caused another tractor –trailer to have $40,000 worth of damage by running into the back of it. Consequently, Belanger was terminated immediately for violating one of the Forbidden Five infractions. Every accident is preventable, according to Swift Transportation, unless it is proven otherwise. Although Belanger claimed the accident was not his fault, the claims department at Swift did an investigation and determined the accident was preventable. Moreover, the incident was recorded on a specialized database website by Swift. The website is operated by the United States government is a clearinghouse to checking commercial driving records easily and to promote highway safety. Belanger felt Swift posting the incident stating Belanger “did not meet the company’s safety standards” on the website was preventing him from finding any employment with another trucking company. Swift Transportation was sued by Belanger for defamation in the workplace and acting maliciously by not including Belanger’s side of the story in its investigation. The Legal Aid Society of San Francisco states defamation occurs when one person publishes a false statement that can harm the reputation of another person. Libel is written defamation. Slander is spoken defamation. Conduct and / or words can be used to defame a person. The conduct needs only to convey a defamatory message. In order to prove defamation a person must prove (1) defamatory content; (2) intent; (3) publication; (4) reference to plaintiff; and (5) harm or damages. A defamatory statement must be a fact and not an opinion. Publication means a statement is communicated to anyone other than the person who is defamed. Because your reputation is usually harmed by defamation, you must be able to show actual damage. Because Swift transportation did not include a statement of Belanger’s side of the incident I believe he could have won his suit for defamation. One of my questions to Swift Transportation would have been “If you made sure all new employees were made aware of the Forbidden Five, were new employees also told about the posting on the specialized database website in case of termination for an accident?” Could Swift’s posting about Belanger be considered as gossip?
Gossip is like a secret craving to some people. We say we don’t like it, but when it is close around us, it is hard to resist. Proverbs 18:8 says, “The words of gossip are like choices morsels; they go down to a man’s inmost parts.” Gossip comes in many flavors, and it involves listening also. Proverbs 17:4 says: “Wrongdoers eagerly listen to gossip; liars pay close attention to slander.” Slander can be defined as spreading rumors (gossip) or lies about a person to purposely cause them damage. Furthermore, slander is mentioned many times in the bible. “But now you must rid yourselves of all such things as theses: anger, rage, malice, slander, and filthy language from your lips” (Colossians 3:8). Jesus clearly taught that giving false testimony (gossip and slander) is a moral …show more content…
sin. Malice is the desire or intention to do evil. Malice is a sin. It is a big contributor to murder and fighting. When Cain killed his brother Abel, it was because of jealousy and jealousy created malice. Malice comes from the heart. Mr. Belanger argued that even if his driver’s history published on DACS is privileged, Swift’s actions abused the qualified privilege by acting with malice. The fact that Swift’s investigator never spoke with Mr. Belanger is the evidence of malice he points to. Furthermore, Mr. Belanger was not given an opportunity to explain what happened and there is no written account detailing the Swift investigation Today many employers have adopted policies against providing any information other than the basics: dates of employment, final salary or wage rate, position and confirmation of employment because of the threat of a lawsuit from former employees.
Normally, employers have a qualified privilege for employment references. An employer should be immune from liability for giving truthful information regarding a former employee. This is not always the case especially when a former employer is sued for defamation or interference with a prospective business relationship. The former employee claims the information given was misleading or inaccurate. Unfortunately, by the time the case goes to court no liability can be shown for the statements made by the employer, tens of thousands of dollars have been spent in the defense of the lawsuit. It is a good idea for employers to have a carefully drafted and consistently followed policy in place so all employees know what to do when a prospective employer calls for a reference. Clear directions as to who is authorized to provide references and what information may be provided should be covered in the
policy. I don’t think it is fair that Belanger has a permanent bad reference on his record but God being a God of a first, second, third or numerous chances can take what the enemy meant for harm and turn it into something great. I know some employer will be willing to listen to his side of the story and give him a chance. Really, Belanger should step back from this situation and ask himself if God is trying to get his attention. I would hire Belanger simply because I have been in his shoes and someone took a chance on me.
Belanger v. Swift Transportation, Inc. is a case concerning the qualified privilege of employers. In this case, Belanger, a former employee of Swift Transportation, sued the company for libel in regard to posting the reason for his termination on a government data website accessible to other potential employers. Swift has a policy of automatic termination if a driver is in an accident, unless it can be proved that it was unpreventable. When Belanger rear ended another vehicle while driving for Swift, the company determined the accident was preventable, while Belanger maintained it was not. Upon his termination, Swift posted on a database website for promoting highway safety that he was fired because he “did not meet the company’s safety standards,” (Melvin, 2015, p. 265), causing Belanger to sue the company.
Statement of Assignment: You have asked me to prepare a legal memorandum on the question of whether our client can gain relief from intentional infliction of emotional distress occurring from witnessing a friend¡¦s child being injured by a vehicle that is out of control due to being driven at a high rate of speed through a school zone. Pursuant to your request, this memo includes an analysis of the relevant state and federal law.
Defamation is a tort action that has been widely recognized, nonetheless, it has only been within recent years, that the concept has been increasingly utilized in the employment context (Mcconnell, 2000, p. 78) . However, it is useful to first lay out the elements of the defamation tort as they occur in the employment setting. First, there must be a false, and defamatory statement. A statement is defamatory if it harms the employee's reputation or discourages others; such as potential employers, from wanting to have any contact with the employee. Second, the statement, be it written or oral, must be "published," that is, transmitted to a third party. Next, the defendant/employer must be responsible for the publication of the false and defamatory statement. Last, defamation damage to the plaintiff must occur; caused either by the statement itself, or by its actionable
An enormous division currently exists between the people who believe that automobile safety should be an option and those that feel it must be a requirement. The federal government feels the morally obligated to create the safest driving environment possible. On the other end of the spectrum, opinions exist that the average driver has ability to make the choice of safety on their own. Editorials, political assemblies, debates, and conversations have arrived on the concept of click it or ticket. This idea refers to ticketing any motor vehicle driver and passenger that is not fastened by a seat belt. Arguments have been made for both sides, and have been reviewed in multiple states.
Detrimental gossip was not a new concept brought to life in Virgil’s Aeneid; gossip has been around since the dawn of time and still exists in modern day. Gossip, especially false, can significantly alter the lives of those gossiped about, as shown in the Aeneid and in a Washington Post article written by Cass Sunstein, “Rumors are nearly as old as human history, but with the rise of the Internet, they have become ubiquitous… False rumors are especially troublesome;
In the civil suit against Firefighter Johnson and the Portage Fire District, the prosecution was charged with providing evidence that negligence by both parties had contributed to the death of Ian Huffman and the attempted homicide of Olivia Duty. Prosecutors allege “Mr. Johnson was driving his personal vehicle as fast as 98 mph on State Rt. 19 on his way to the fire station in Oak Harbor just seconds before he crashed into the rear of Ms. Duty's car at Portage River South Road” (Feehan, 2012, para. 6). The posted speed limit on Portage River South Road was 55 mph at the time of the accident (Curt, 2012). The defense alleges that Firefighter Johnson was using his lights and sirens and that Ian Huffman was not wearing a seatbelt at the...
No one is perfect and no one is exactly the same. Everyone sins, and that includes telling lies. Most everyone lies at some point, whether it be to cover something up or just make someone feel better. Or it can be both. We as people are very afraid of being judged in a bad way, so if a person does something sinful or shunned upon, they lie about it to keep their reputations protected. This opinion based on anothers life decisions is a hypocritical decision. We don't want it happening to us, however we do it when we hear gossip about others in our community. This is because people are very judgemental. This wasn't just applicable in 1650, or even 1850 when The Scarlet Letter was written, but it is still something that is going on today not only in America, but right here in North Central High School. Though most people know the difference between the truth and a lie, Nathaniel Hawthorne establishes that many people have different perceptions of truth because of denial, reaction to judgement, and differences in moralities in the epic tale of The Scarlet Letter.
There was strong competition for Ford in the American small-car market from Volkswagen and several Japanese companies in the 1960’s. To fight the competition, Ford rushed its newest car the Pinto into production in much less time than is usually required to develop a car. The regular time to produce an automobile is 43 months but Ford took 25 months only (Satchi, L., 2005). Although Ford had access to a new design which would decrease the possibility of the Ford Pinto from exploding, the company chose not to implement the design, which would have cost $11 per car, even though it had done an analysis showing that the new design would result in 180 less deaths. The company defended itself on the grounds that it used the accepted risk-benefit analysis to determine if the monetary costs of making the change were greater than the societal benefit. Based on the numbers Ford used, the cost would have been $137 million versus the $49.5 million price tag put on the deaths, injuries, and car damages, and thus Ford felt justified not implementing the design change (Legget, C., 1999). This was a ground breaking decision because it failed to use the common standard of whether a harm was a result of an action on trespass or harm as a result of an action on the case (Ferguson, A., 2005).
As a freight trucking provider, Knight-Swift Transportation (KNX) faces a litany of potential risks and there is a strong need for enterprise risk management. Given the competitive nature of the industry, small mispricing’s on shipping costs or incorrect fuel cost projections can have devastatingly negative effects on company profitability. New regulation from the Federal Motor Carrier Safety Administration (FMCSA), in an effort to enact stricter rules on diver logging and limiting weekly travel hours could have adverse effect on the company. Additionally, talent acquisition/retention poses as a rising threat to Knight-Swift Transportation . The long hours on the road and limited base pay can make it hard to find motived drivers to work. The
In the Bible lying is a sin and it is displeasing to God. Many people lie not know that it is a sin or knowing that it is a sin but they don’t care or they are just used to just lying they don’t realize it. A real-life example is my brother, George he is religious and he lies occasionally. He knows that lying is a sin but he does it anyway. For example, when he gets home my mother asks him if he has homework and he says no
Public transportation systems play an important role in the lives of many people. The 500 Friends of Gilder is an interest group that supports public transportation and other non-roads proposals. Their mission is to protect Gilder’s quality of life, environment, and historical resources. They do not want any new capital project that is not related to public transportation; therefore they do not support the Gladiator Bridge. The 500 Friends of Gilder argue that the project will damage the environment, kill endangered species, and destroy the swamplands. They also do not want the Gladiator Bridge to destroy the historical homes dated from the late 1800s and early 1900s in Compinwood. They said that the Gladiator Bridge would destroy the neighborhoods
On 23rd June 2012, the appellant took a Ford Transit Tipper truck from David (friend) in order to collect another friend. The truck belonged to David’s employer and was taken without the consent of the employer.
On February 3, 2015, a Metro-North train slammed into an SUV, killing five civilians. This latest train collision has sparked a notice of how often people die from train collisions. An average of five people each week are killed in train collisions, far more than those who lose their lives in commercial airline crashes. After the receptive notice of train collisions, authorities have begun to question, who is to blame for the impact. Civilians who are hurt by a train incident, blame the railroad safety. Many believe that railroad companies are not doing enough to protect drivers from becoming isolated on a railroad. On the other side, train companies blame drivers for the collisions, believing it is the ignorance of
One, in particular, was a law suit against the automaker Tesla in regard to the car not using its automatic braking when a driver has their foot on the accelerator. Lin says “If the car were programmed instead to retake control and swerve (as it can do), it’d create considerable legal liability for Tesla if this action caused a different accident, even one that’s less serious. This accident wouldn’t have occurred if the car did not retake control; so the company seems causally responsible for it, at least.” With that thought process a car swerving to avoid the five people and kill the one person would potentially leave the manufacturer vulnerable to hefty law suits and could be described as
Often times they skip over the contacting part, but if they went into more detail on a job applicant and did contact references listed, they may be able to uncover an applicants lies sooner than later. Also, Human Resources can look out for the most common things people may try to lie about to make themselves look better on a resume. This could include dates of previous employment, the degrees they claim to have, fake addresses, exaggerating skills, etc. While going into detail may seem time consuming for an employer, it can save them from harmful actions, dishonesty, or in more serious cases, a lawsuit in the