I'm going to be a new driver - I've heard the nightmares about Werner....

MGASSEL - thanks for everything you've posted and I appreciate everything you've said.

A lawsuit can and is currently in the works (I've only contacted an Attorney who is willing to take on the case) - with that said - It's not very far in the works.

Colorado is an At-will-state, however this does not excluded any employer who is operating in the state from Federal law. There is a Terminal here for both Werner and May so they both have a "permanent" facility within the state boundries.

Here's the issue - these companies (and I'm sure there are others, yet these are the only two I've dealt with) can not discriminate against a person. Here's where the discrimation lies. I was told by both companies that "My Felony Arrests preclude me from obtaining employment with them."

I'm sure many of you remember what your application stated, and I'm also sure company policy (I'm not working, so I'm assuming) states that a disqualification factor is Felony CONVICTION. Yes I was arrested for a Felony, however I was convicted of a misdemeanor.

To be honest with everyone - I would happy to just get the opportunity to interview with "the higher ups" so they can be a judge of my character after taking in all of the information concerning the incidents and my past work record.

Again - like I said in an earlier post - I tried to do the right thing by pleading to a charge which would hold my Home Owners insurance responsible for paying out the liability of the policy. My Mom did not have health insurance and as I'm sure you can all appreciate the magnitude and hopefully you understand that the hospital bills were in the hundreds of thousands of Dollars. I fully agree that the problem was caused my me and no one else which is why I had to tell my Defense Attorney that I was going to plead to a lesser charge. He tried to change my mind and wanted me to take it to Trial with a Jury. Investigating Detectives did not recommend charges be filed, the out-going D.A. did not recommend charges be filed, and everyone agreed that is was a "gross" accident. The incoming DA chose to charge me.

I'm glad I was charged because as I stated earlier - I did do this and I have felt guilty of it ever since - and please let me try to explain to you the pain I feel whenever I visit my Mom!!!!!!!! She's permanently disfigured and that was by my hand.

Again - all I'd like to get at some point is a chance to talk with someone without being descriminated against for the charges. I provided both companies with detailed information freely and in fact called both companies to discuss my record in greater detail. I took it upon myself to do this.

Good luck to everyone and keep safe.

 

You are wrong in stating you have employee rights in Florida. It is a Right to Fire State. You can be fired & no explanation needs be given. Go quietly & they may let you collect unemployment. Object like I did & you will be made to regret standing up for your rights. I was told they could do whatever they wanted without explanation.Your word weighs less than theirs..

 

It must have changed in the last 10 years or so, when I was younger it wasnt that way in Florida. I was reading the 6 states from a website that said that it was--may have been outdated.

 

Like I said, have fun trying to sue. Beleive me, you will spend more money than you have or will have if you push the issue.

Once again it is up to the individual company --has nothing to do with federal law. NOTHING!

 

Most applications states arrested, and or Convicted of a Felony.

Then they ask about misdemeanor also. So even as a misdemeanor you can be disqualified.

 

To provide more info than what is asked for to them either over the phone or on paper is not a wise decision. It is only shooting yourself in the foot. If they find it later then fine and if they ask you about it just say well you did not ask for that info only Convictions of felony's or dui/dwi

I hope this is not a link post but this is the disclaimer on May Trucking online application.


TO BE READ AND AGREED UPON BY APPLICANT

It is agreed and understood that any misrepresentation of information given shall be considered an act of dishonesty. It is agreed and understood that the carrier or its agents may investigate the applicant's background to ascertain any and all information of concern to the applicant's record, whether same is of record or not, and applicant releases carrier and persons named herein from all liability for any damages on account of his furnishing such information. It is also agreed and understood that under the Fair Credit Reporting Act, Public Law 91-508, I have been told that this investigation may include an investigative Consumer Report, including information regarding my character, general reputation, personal characteristics, and mode of living. I agree to furnish such additional information and complete such examinations as may be required to complete my application for qualification file. (PENNSYLVANIA RESIDENTS ONLY) I authorize the carrier to obtain from the Registry of Motor Vehicles a copy of my motor vehicle violations record. It is agreed and understood that this application for qualification under the DOT Regulations in no way obligated the carrier to qualify me, and it is understood that if qualified, I may be on a introductory period during which time I may be released without recourse. I agree and authorize previous employers to release and forward all information on my alcohol and controlled substance testing. This certifies that this application was completed by me, and that all entries on it and information in it are true and complete to the best of my knowledge.

 

Thanks MGASSEL for all the information you've posted - especially this - I talked with the Attorney of States office and an Attorney who is more than will to take the case with an agreement that he will take his fee's from the final outcome of the case. (At no cost to me other than the final cost - if we don't win - I pay nothing.) Doesn't really matter anyway.

I don't want to shoot myself in the foot - the way I put it to my Wife today was "I don't want to burn any bridges"

I hope that when I do get out on the road I'll have the opportunity to run into you and meet you!!!!

Talk to ya'll Later - and again - Stay Safe out there!!!!!

 

Um do me a favor and don't drive a truck in the month of July it does not seem to be a good month for you.

 

After you posted this I had my Wife come over and read the post - and we Agree!!!!! It's the month of the Cancer and apparently it's a Cancer month for me!!!!!!!!!!!!

 

JMC1972 - I can't say I haven't heard of exceptions from the big companies, I mean they were hiring muslims at Swift in TN for Hazmat, given our war situation. However most big companies insist being strict on criminal background checks, coming up on 2009 that would exceed 10yrs. for you though so, whatever you think is best for you. Sounds like Repo Man is a good suit for you or Towing the big rigs, maybe they are not as strict there, if all else fails.