blackballing seeking feedback

otherhalftw · Apr 7, 2012

If they are forcing per diem on you, NV, Washoe County, City of Sparks, might be interested in checking of any other "practices" this guy is trying.

No point getting into a fight with a derringer, when you could load up with a semi automatic!

jcswife · Apr 7, 2012

MNdriver said: ↑

If you are going to "threaten" legal action, it's best to have it come from a lawyer.

Otherwise, just roll with it. Unless you have "hard evidence", all you have is fears and suspicion.
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Yep. You confimed what i thought! We could maybe even pay a lawyer to write a letter for us. Your right though about threatening legal stuff without a lawyer. It looks weak.

jcswife · Apr 7, 2012

otherhalftw said: ↑

If they are forcing per diem on you, NV, Washoe County, City of Sparks, might be interested in checking of any other "practices" this guy is trying.

No point getting into a fight with a derringer, when you could load up with a semi automatic!
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LOL. Your right. Im glad I came here about this...

jcswife · Apr 7, 2012

Hi everyone,

What is interesting is we called unemployment to request his case file. They noted that the reason he won, was because the comp. said, "he refused" that test?? When ue asked the comp. to back this up, of course they didn't reply, which why he won. I know that isn't enough, but it does show a they aren't telling the truth, in writing, elsewhere about this situation. Atleast it's a record of sorts, until we try and obtain a reference. I thought i read on here, that you can pay a place to obtain an employment reference? If you guys know of that thread, please let me know. Forums are kind of a big metaphorical freeway of sorts too

rookietrucker · Apr 7, 2012

The regulations covering your situation about the UA is here >> http://www.dot.gov/odapc/NEW_DOCS/part40.html

As a employee or ex-employee, you still have the right to request any and all information from the company, MRO and the laboratory.

Subpart P - Confidentiality and Release of Information
§ 40.329 What information must laboratories, MROs, and other service agents release to employees?
(a) As an MRO or service agent you must provide, within 10 business days of receiving a written request from an employee, copies of any records pertaining to the employee's use of alcohol and/or drugs, including records of the employee's DOT-mandated drug and/or alcohol tests. You may charge no more than the cost of preparation and reproduction for copies of these records.
(b) As a laboratory, you must provide, within 10 business days of receiving a written request from an employee, and made through the MRO, the records relating to the results of the employee's drug test (i.e., laboratory report and data package). You may charge no more than the cost of preparation and reproduction for copies of these records.
(c) As a SAP, you must make available to an employee, on request, a copy of all SAP reports (see §40.311). However, you must redact follow-up testing information from the report before providing it to the employee.
[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41954, Aug. 9, 2001]
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Subpart P - Confidentiality and Release of Information
§ 40.331 To what additional parties must employers and service agents release information?
As an employer or service agent you must release information under the following circumstances:
(a) If you receive a specific, written consent from an employee authorizing the release of information about that employee's drug or alcohol tests to an identified person, you must provide the information to the identified person. For example, as an employer, when you receive a written request from a former employee to provide information to a subsequent employer, you must do so. In providing the information, you must comply with the terms of the employee's consent.
(b) If you are an employer, you must, upon request of DOT agency representatives, provide the following:
(1) Access to your facilities used for this part and DOT agency drug and alcohol program functions.
(2) All written, printed, and computer-based drug and alcohol program records and reports (including copies of name-specific records or reports), files, materials, data, documents/documentation, agreements, contracts, policies, and statements that are required by this part and DOT agency regulations. You must provide this information at your principal place of business in the time required by the DOT agency.
(3) All items in paragraph (b)(2) of this section must be easily accessible, legible, and provided in an organized manner. If electronic records do not meet these standards, they must be converted to printed documentation that meets these standards.
(c) If you are a service agent, you must, upon request of DOT agency representatives, provide the following:
(1) Access to your facilities used for this part and DOT agency drug and alcohol program functions.
(2) All written, printed, and computer-based drug and alcohol program records and reports (including copies of name-specific records or reports), files, materials, data, documents/documentation, agreements, contracts, policies, and statements that are required by this part and DOT agency regulations. You must provide this information at your principal place of business in the time required by the DOT agency.
(3) All items in paragraph (c)(2) of this section must be easily accessible, legible, and provided in an organized manner. If electronic records do not meet these standards, they must be converted to printed documentation that meets these standards.
(d) If requested by the National Transportation Safety Board as part of an accident investigation, you must provide information concerning post-accident tests administered after the accident.
(e) If requested by a Federal, state or local safety agency with regulatory authority over you or the employee, you must provide drug and alcohol test records concerning the employee.
(f) Except as otherwise provided in this part, as a laboratory you must not release or provide a specimen or a part of a specimen to a requesting party, without first obtaining written consent from ODAPC. If a party seeks a court order directing you to release a specimen or part of a specimen contrary to any provision of this part, you must take necessary legal steps to contest the issuance of the order (e.g., seek to quash a subpoena, citing the requirements of §40.13 ). This part does not require you to disobey a court order, however.
(g) Notwithstanding any other provision of this Part, as an employer of Commercial Motor Vehicle (CMV) drivers holding commercial driving licenses (CDLs) or as a third party administrator for owner-operator CMV drivers with CDLs, you are authorized to comply with State laws requiring you to provide to State CDL licensing authorities information about all violations of DOT drug and alcohol testing rules (including positive tests and refusals) by any CMV driver holding a CDL.
[65 FR 79526, Dec. 19, 2000, as amended at 66 FR 41955, Aug. 9, 2001; 73 FR 33737, June 13, 2008]
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Subpart D - Handling of test results, records retention, and confidentiality

§ 382.405Access to facilities and records.
(a) Except as required by law or expressly authorized or required in this section, no employer shall release driver information that is contained in records required to be maintained under §382.401.
(b) A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver's use of alcohol or controlled substances, including any records pertaining to his or her alcohol or controlled substances tests. The employer shall promptly provide the records requested by the driver. Access to a driver's records shall not be contingent upon payment for records other than those specifically requested.
(c) Each employer shall permit access to all facilities utilized in complying with the requirements of this part to the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers.
(d) Each employer shall make available copies of all results for employer alcohol and/or controlled substances testing conducted under this part and any other information pertaining to the employer's alcohol misuse and/or controlled substances use prevention program, when requested by the Secretary of Transportation, any DOT agency, or any State or local officials with regulatory authority over the employer or any of its drivers.
(e) When requested by the National Transportation Safety Board as part of an accident investigation, employers shall disclose information related to the employer's administration of a post-accident alcohol and/or controlled substance test administered following the accident under investigation.
(f) Records shall be made available to a subsequent employer upon receipt of a written request from a driver. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the driver's request.
(g) An employer may disclose information required to be maintained under this part pertaining to a driver to the decision maker in a lawsuit, grievance, or administrative proceeding initiated by or on behalf of the individual, and arising from a positive DOT drug or alcohol test or a refusal to test (including, but not limited to, adulterated or substituted test results) of this part (including, but not limited to, a worker's compensation, unemployment compensation, or other proceeding relating to a benefit sought by the driver). Additionally, an employer may disclose information in criminal or civil actions in accordance with § 40.323(a)(2) of this title.
(h) An employer shall release information regarding a driver's records as directed by the specific written consent of the driver authorizing release of the information to an identified person. Release of such information by the person receiving the information is permitted only in accordance with the terms of the employee's specific written consent as outlined in § 40.321(b) of this title.
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http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=382.405

Hope that helps you.......
RT

rookietrucker · Apr 7, 2012

I forgot to mention, you can call or email Jim Keenan at FMCSA in Washington DC with your complaint about the UA. He is the Enforcement and Compliance Office. He will listen to your concern.

http://www.dot.gov/odapc/oamanagers.html

shredfit1 · Apr 8, 2012

jcswife said: ↑

I read that the per diem was illegal. Maybe we will contact a lawyer for a consult atleast.. I read the per diem stuff is illegal too based on that these guys don't stay overnight. Thank you!
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If the shady previous boss wants to play hard ball with you, this is what you do:

1) Don't let him know in any way shape of form that you plan to contact the IRS as this may give hime time to cover his tracks an fix books(even though it may be fun to use the threat with the sleazebag).

2) When you do contact the IRS, ask to speak with someone in the fraud claims department, and expalin the situation to this person. This will all but insure an audit of the shady boss.

3) Refile/Amend your taxes for next year to include last years refund as well as you may get more back in this situation(make sure you tell the IRS your intentions to do this, as it solidifies your stance as a victim).

Mark my words, the IRS will go after this guy like a rabid dog... and he will not know what hit him.

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