False info on driver report endangering my current job

Discussion in 'Trucker Legal Advice' started by richncreamy, Oct 25, 2013.

  1. richncreamy

    richncreamy Bobtail Member

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    Mar 20, 2013
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    I got my CDL earlier this year, and started out with an OTR company. After being repeatedly screwed around on pay and reimbursements, and multiple refusals to fix serious mechanical issues on my truck, I left the truck at the terminal and quit. I found a local job with a beverage distributor, and had been in training there for the past 5 weeks, and was going to be promoted to full employee and get my own vehicle this week. However, I suffered a minor on-the-job injury a few days ago due to a defective piece of equipment. Although minor, the injury was reportable due to the fact that it needed medical attention. Before being taken to the doctor, I was brought back to the facility (while still bleeding) for a meeting with an angry operations manager, who spent the entire time attempting to absolve the company from any responsibility from the accident (although it was their defective piece of equipment that caused the injury).

    Fast forward to this week - I was informed by the safety manager that I had to meet with him and the operations manager ASAP. I go to their office at the prescribed time, and am presented with a report from my former carrier saying I was involved in a preventable accident. The report came through driverfacts.com . I was given a week to conclusively rebut this, or I will no longer have a job. Furthermore, even with the timeframe, I am not allowed to drive any company vehicle unless this is resolved. The report was dated October 7, and was presented to me on October 23. I find it slightly odd that there was no problem until I had a reportable injury. The alleged incident took place on 7/25. I was employed at my former company through mid-August. At no time was I ever contacted by the carrier, their insurance, or law enforcement concerning any incident. So, logic would dictate that if there was an incident that I had and drove away from without reporting, one of those would have happened, right? Furthermore, weeks after I left this company, I was called about logs they lost, and was asked to get new copies to them. Being that they are based in the city I live, I went in person, and sat down with the safety manager himself to resolve the logs. At no time did he ever mention an unreported incident.

    Unfortunately, even though I have told this to my current company, unless I am able to get this expunged from my record, I am screwed. I have begun the process to try and get this expunged through this driverfacts.com site, and have requested a current copy of my DAC. I am going to do whatever I can to prove my case, but in the end, it is my word against the former employer. What do I need to do to get this taken care of ASAP?
     
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  3. Mark Kling

    Mark Kling Technology Contributor

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    Statesville, NC
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    Once you get a copy from Hire Right, you can disbute any items in error via their website. They have 30 days to respond or Hire Right has to remove it off you record.

    Look at the error and then compare to your logs. For example, if it was reported as a Preventable Accident, What line where you on in your logs?

    I have a Preventable tagged on my DAC, but I showed them I was on Line 1, sleeping, parked in an IdleAire and my truck had not been moved for two days. Waiting a Monday Delivery. I had pictures of the truck that backed into me, I had a copy of the E-Mail that was send to the Company. I also suggested to Hire Right that they pull my truck data from the QC for the time frame in question. It is kind of hard to back into someone when the brakes are set and the engine is off.

    This was downgraded to a Non-Preventable and Hire Right send me a clean copy of my DAC.

    It will not happen in a week. Get all your facts together and present them to Hire Right in a clean unbiased format.
     
  4. richncreamy

    richncreamy Bobtail Member

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    Mar 20, 2013
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    I have explained to my current employer that there is no way this dispute will only take a week. It will be another 12 days until I even get my DAC. Unfortunately, they are using this driverfacts.com crap, who, until this happened, I am totally unfamiliar with. I have taken the first step in their resolution process, but I cannot as much as state my case until they receive and verify copies of my license and SS card.

    All my logs at the former carrier were done electronically. Are they required by law to provide copies to me, or would an attorney have to subpoena them? Also, since this will be my first time pulling a DAC, does it just state the date of the alleged incident, or does it also state the date a carrier added it on?

    I am trying to resolve this without an attorney if possible.
     
  5. Mark Kling

    Mark Kling Technology Contributor

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    Sep 23, 2007
    Statesville, NC
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    As a driver no matter how you file your logs, it is always a good suggestion to keep a copy of them. You Stated "Furthermore, weeks after I left this company, I was called about logs they lost, and was asked to get new copies to them".

    If you no longer have your logs, and they are local to where you are, I would go back and request copies of them for your personal file. Don't go into details about the item on your record.

    http://www.hireright.com/Consumers-Applicants.aspx#DisputeForm
     
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  6. yessir

    yessir Medium Load Member

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    Apr 17, 2013
    queens, ny
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    Your current employer bring this up because they don't want to get sued nd tryna use every single excuse because no way you can get that done in a week nd they know it if i was you i would leave them alone work on get my record clean and hire a lawyer nd look for another job hopefully you will get another job sue your current employer nd say another goodbye to your last otr company lol
     
  7. Rocks

    Rocks Road Train Member

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    You don't need co. to give you copies of your elogs. Go to the elog website (there must be one) and enter your driver id, your password and print your logs (it goes as far as 6 previous months). You may also call OOIDA and ask for Tom Crowley - compliance agent (he is very nice and can give you some good info). You may also call attorney Paul Taylor he has a website http://www.truckersjustice.com/ and get some good info too. Wish you the best.
     
  8. richncreamy

    richncreamy Bobtail Member

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    Mar 20, 2013
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    So, an update on the situation:

    Today, I received an answer after having put in a request to remove the incident via driverfacts.com. My request basically consisted of me telling them I had no idea what they were talking about, and to either remove it or provide any details whatsoever of the alleged incident.

    This is the exact rejection I got:

    "After further review we have determined that our records are correct and up to date resulting in your request being declined as explained in the terms and conditions you agreed upon."

    No details, no time it supposedly took place, nothing.

    So, I called the company and demanded details. First, I spoke with the safety department, and was told that they had two times it occurred, 1 AM and 3 PM. WTF? Then, they told me they allegedly had video. I asked them if I could be provided with the video or if they could even pull it up and describe what was happening. "Um, we don't have it, you will have to call Claims." So, I call Claims. "Um, we don't have the video, you're going to have to call Safety." So, basically, they are telling me they have "evidence" they can't produce. The only one of those times I was even in the city they say it happened in was 1 AM, and the truck was in repair.

    My current job basically wants something resolved by Tuesday, and the previous employer is giving me the run around. They told me if I want anything done that I have to go through the whole DAC process.

    Lawyer time.
     
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