Verification CFR 49 Part 40

Discussion in 'Trucker Legal Advice' started by Jonathan Perryman, Dec 1, 2016.

  1. Jonathan Perryman

    Jonathan Perryman Bobtail Member

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    As i was explained, and from everything i have read a previous employer has 30 days to respond to a request for information covered in the sub section drug results, employment history, and any information recieved from employers before them.

    What if a company will not answer the phone, emails, or snail mail, and it has now been 60+ days.

    I know what is going on, i left the company becuase pay starting getting shorted, and then not showing up at all, and I am being retaliated against for taking actions neccessary to get back owed pay.

    My issues is that, yes i went to swifts cdl school, and drove there for 6 months to get some experience, i left swift in april 2014, to work for said new employer where i was gainfully employed for just over 2 years before leaving a few months back. Since this company will not verify my experience, I am unable to persue the types of positions i would like to apply for. Please has anyone had this issue, what can I do?
     
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  3. Jonathan Perryman

    Jonathan Perryman Bobtail Member

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    I have already reached out to try and find a solution with the company, and no one will respond. Here is the very formal letter that was sent:

    Dear Mr Dashnaw,

    Both my self and another former employee of your business ****** Transportation, located in Euclid, OH have recently been informed that your company has not responded to request for verification of dot safety testing and reporting. I would like to remind you that per FMCSA CFR 49 Part 40 for-hire commercial trucking companies, are required at a minimum to retain all information related to drug testing implementation, and results, for a period of no less than 3 years. Furthermore upon receipt of a confidential request for verification of said materials, for-hire trucking companies must respond to said requests in a time period no greater than 30 days, and provide all required documents.

    I am not sure if this issue is because we are directing prospective employers to an incorrect contact phone number, or if it is due to negligence pertaining to said request.

    I simply am asking to be provided contact information of who to have employers contact to receive needed verification.

    Sincerely,
    Jonathan Perryman
     
  4. Gunner75

    Gunner75 Road Train Member

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    Sounds like it might be time to get a legal professional involved
     
    ExOTR Thanks this.
  5. Jonathan Perryman

    Jonathan Perryman Bobtail Member

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    Thats kind of what i was thinking, i just dont necessarily have the dough to hire one.
     
  6. Jonathan Perryman

    Jonathan Perryman Bobtail Member

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    Do the dot/fmcsa have any type of driver information/help line? Like where the fmcsa can preside and force them to provide the documents?
     
  7. Gunner75

    Gunner75 Road Train Member

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    That I don't know, but you should be able to speak with an attorney for legal advice without paying a consult fee
     
  8. Mark Kling

    Mark Kling Technology Contributor

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    You have pay stubs? This will show from when to when you worked.

    Log books? Hopefully you kept copies of all your logs since you have driven?

    It cost me about $200 for a lawyer to request a simple letter stating that the company did not pay for my daily meals.
     
  9. Jonathan Perryman

    Jonathan Perryman Bobtail Member

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    The company specifically wants to see my drug testing results. which the only info i have is the sheet from one i took it, but not results.

    I sent screen shots of all my direct deposits. and sent all my logs to them as they are saved on my computer.
     
  10. Jonathan Perryman

    Jonathan Perryman Bobtail Member

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    Is that not an ordinary thing for a company to do? i mean they show up on my psp from getting inspected at scales and such, still waiting on dac report, not sure if they used it as they were smaller
     
  11. Mark Kling

    Mark Kling Technology Contributor

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    I never had another company ask for that... did the prior company report to HireRight (Dac)?
     
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