Any advice?

If you already fired him what need is there for advice?

 

You can terminate him for fraudulent/falsified CDL, lying on job application if he did that, label him not eligible for re-hire, and reply to any employment enquiries with 1) "fraudulent/falsified CDL", 2) "lying on job application" if you used a job application and he lied, and 3) "not eligible for re-hire" if those are the facts. You can report him to ICE.

You reported this to the FMCSA, I hope you contacted the issuing state. What they do with the report of a fraudulent/falsified CDL is their issue. If you leave this guy on your payroll you ought to be deported with the illegal.

 

All you can do is fire him, report him to ICE, state, and FMCSA, give accurate reply to employment inquiries, and let the world deal with him. You run a business, not protect the world.

 

We can't read your mind, just what you type in a post. LOTS of people leave out all of the details, most leave them out because they didn't do them and the others because they assume everyone else is playing by the rules, which is a fairy tales these days. We can't tell who is doing what if they don't type what they did.

 

So how was a past employment check done showing 2 years experience?

He was illegal?

 

Whoa there arm chair owner.

First if you gotten his mvr, it will show you the license date. Just looking at the license you should tell it if it was altered. If he admitted to it, then it is on you.

and if he did alter the license, discuss this with your state police. Getting his license revoked is the best thing to happen.

Second, you should sell your truck, becuase running to the fmcsa and dot is a very immature move.

What exactly do you expect them to do?

this is all on you and you will trigger an audit or should.

Third, what does your lawyer say?

if he says just cut him loose, then do so, but if you don’t have one and your hiring drivers, then you are not too bright.

Fourth, in your employment contract, it should have a termination clause in it for this behavior, it is considered fraud.

so fire him where ever he is at and go get the truck.

Oh one last thing, if he causes an accident and you know about it, plan on selling all your assets and have your retirement taken, you deserve it.

EDIT - unlike others, I am hard on part time owners who have no skin in the game for a reason, I see it all the some and it has ruined this industry. If you don’t take my advice and pass this driver onto someone else, it shows how lazy people are and how much they should not be in this business at all. If you think my advice is sh****ty, you think wrong, you are in a very bad position by hiring someone who has committed fraud and should it be on the road, even if you took “precautions” or not.

 

Frankly, I don’t understand how you missed this. There are guidelines that you have to follow before hiring a driver. There are a lot of hoops a driver has to go through. Even an owner operator with his own authority has to fill out an employment application on himself.

 

even if someone had a cdl for 2 years doesn't mean they used it - always verify employment