I just received my CDL-A last week. Now the problem I seem to be running into is all these trucking companies think that a misdemeanor that had nothing to do with driving is keeping me from getting hired. Allow me to explain. In 2008, I was charged with a 2 count misdemeanor. The first was for a simple assault. I had an individual who REPEATEDLY was threatening to physically and sexually assault my wife. Since warning him many times to stop doing it did not get the message across, I finally shut his mouth physically. Not with any weapons or anything to assist me. I hit him in the eyes and throat and when he fell over, I kicked him in the balls with my steel toed shoes to let him know he will not be doing anything to anybody for a long time. I also told him if he ever threatened my wife again I would kill him. Which brings me to count 2 for terroristic threats because I told him I would kill him at that moment after everything he said he would do to my wife. I was never arrested. i received a summons to go to court and was prepared to take this to trial. But since my wife would have to see this piece of trash again, I do not want to put her through that and I pled guilty. I received a $300 fine and 3 years probation. What a joke. Now even though I have no felonies, DUI'S, tickets, accidents, failed drug tests, license suspensions, or any other driving related offenses, none of these start up companies want to give me a chance (Prime, Swift, Central, Maverick, Werner, etc). All a crimal background check shows is what you were charged with and the disposition of the case. It provides no details leading up to it, police reports, witness statements, or anything else. But these companies do not have the common sense or intelligence to look into it. I guess in the same situation, they would do nothing if someone was attempting to harm their loved ones. So was all my hard work to get my CDL a waste of time and money? I wanted to ask you all if there is any company out there who will be more interested in my work record, references, and qualifications than a misdemeanor that has nothing to do with driving? I will be very grateful for your help.
"Legal discrimination" in employment search.
Discussion in 'Questions From New Drivers' started by subzero89, Aug 6, 2011.
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Im sure a bunch of people will tell you that you should have done your research and youll be lucky if you can find a small outfit willing to take you in.
Personally I agree with what you did to that guy. However, I think you may have screwed up by pleading guilty regardless of circumstances. But its understandable.
The same thing can go for you failing a drug test at a job... or getting caught breaking and entering. They dont involve driving but are still records that can bar you. Unless you can get a company who is willing to listen to what you have to explain, you probably wont have much chance. Then again even if they do listen they might see you as a threat that will blow up if someone makes you mad...
I wish you luck. Keep searching and check out the smaller companies. Persistence will get you places. -
I hate the charge "terroristic threats" - it has been SO overused since 9/11 - you beating someone's arse, or threatening to kill a single individual has absolutely nothing to do with terrorism... civilian law enforcement guys typically have no clue what terrorism even is... sorry you had to deal with that, but I would have done the same thing.
How do you know about not being eleigible for hire? Have you actually apllied and been turned down, or is this just hearsay from the school or other people?
I would pick a company, send them the paperwork you have explaining that you got into a fight over a guty threatening your wife... and see what happens. I've seen people hired with felonies, so I see no reason that slowing down and explaining yourself wouldn't work.Joetro Thanks this. -
I agree with Ronin. There are lots and lots of truckers out there with PRISON records for christ's sake.
Are you positive that this charge is why you are being barred? There are dozens of silly reasons to bar someone. -
I know this is gonna sound harsh and its not intended that way because would and have reacted exactly like, but if they have a thousand applicants and 500 don't have a criminal problem at all, why would they go to the trouble of researching what happened to you? Now the way to get someone to consider the circumstance is to include an explanation along with your application and also try a smaller outfit who may ne=ot be getting as many applications. good luck I wish you well
RCA1802 Thanks this. -
Well,
at least it was .......Legal Discrimination !!!
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While I would have done the same thing, I would never have pleaded guilty to a crime for doing it. A good court battle could have gotten it reduced to something simple.
It's going to be a long uphill battle. Any aggravated crime is a hard one to overcome in this industry. If you will check some company websites, the HM website and TWIX website you will see the pattern.
Nobody wants to take a chance you will go off and hurt someone and they will be sued. To most it makes no difference what the reason was, they worry about what else will bring the same reaction.
I wouldn't give up but it sure won't be easy. The type of offense and the time since it happened are both against you. You say you got three years probation. If you are still on probation your chances are about zero. Good luck.
EDIT: This is not discrimination in any way. It is smart business in a world loaded with liabilities and hungry lawyers.
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BFOQ............
rather interesting, look it up....
http://www.halloran-sage.com/Knowledge/articleDetail.aspx?storyid=2055 -
You might have better luck avoiding large companies that only see you as a page on their computer screen.
Maybe check around local for a smaller outfit that would give you a shot and hear your story. You can walk right into the office and impress the owner before you even apply.
Best of luck to you. -
Don't quite get where discrimination comes in...convicted persons aren't a protected class.
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