Has this ever happened to you?

Plinker · May 8, 2012

Not sure if this is the right section, if not feel free to move it.

OK, so have any of you ever applied somewhere and approved for the job pending contact from your current employer and the current employer fails to respond to a request from your future prospective employer for proof of employment and whatever else they ask.

That's another question. What do employers ask when they contact each other about a prospective new employ.

wolfy7203 · May 8, 2012

I believe it happens more often then we realize. I dont know for sure, but I think that any company is ONLY supposed to say when you worked there, and if you are rehireable or not. I know in the non trucking world they dont follow this rule at most places I have worked.

Gizmo_Man · May 8, 2012

Plinker said: ↑

Not sure if this is the right section, if not feel free to move it.

OK, so have any of you ever applied somewhere and approved for the job pending contact from your current employer and the current employer fails to respond to a request from your future prospective employer for proof of employment and whatever else they ask.

That's another question. What do employers ask when they contact each other about a prospective new employ.
Click to expand...

Yes this DOES happen many times. In fact, I have a Safety Award from a former employer. Any time I apply for a job, of course I MUST list them. That company absolutely REFUSES to cooperate.

Many "new" employers know of those companies that refuse.

For the next question, NOTHING MORE that the dates you worked there.!!

It is against labor laws to say anything else.

But some, I am sure, try to say MORE than they should, opening up a lawsuit to them, if caught.

fortycalglock · May 8, 2012

Pay stubbs and W-2's can be used to prove employment when a company can't or won't respond.

Plinker · May 8, 2012

I'm just wandering why my company won't respond or why it's taking them so long to. Hopefully the company I want to go work at will eventually go on with the hiring process without it. Only time will tell though.

GAlanFink · May 8, 2012

Stop 'wandering' and try wondering. My last employer didn't respond either... they went belly up.

Kansas · May 8, 2012

Gizmo_Man said: ↑

Yes this DOES happen many times. In fact, I have a Safety Award from a former employer. Any time I apply for a job, of course I MUST list them. That company absolutely REFUSES to cooperate.

Many "new" employers know of those companies that refuse.

For the next question, NOTHING MORE that the dates you worked there.!!

It is against labor laws to say anything else.

But some, I am sure, try to say MORE than they should, opening up a lawsuit to them, if caught.
Click to expand...

I think its a hair more complicated than that...

Here is a small chunk of required information former employers are required to submit to prospective employers. Please note I have hacked up the text and posted just a bit of the more relevant information. The complete text can be found by follwing the link.

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=391.23

(2) The investigation may consist of personal interviews, telephone interviews, letters, or any other method for investigating that the carrier deems appropriate. Each motor carrier must make a written record with respect to each previous employer contacted, or good faith efforts to do so. The record must include the previous employer's name and address, the date the previous employer was contacted, or the attempts made, and the information received about the driver from the previous employer. Failures to contact a previous employer, or of them to provide the required safety performance history information, must be documented. The record must be maintained pursuant to §391.53.
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(f) A prospective motor carrier employer must provide to the previous employer the driver's written consent meeting the requirements of § 40.321(b) for the release of the information in paragraph (e) of this section. If the driver refuses to provide this written consent, the prospective motor carrier employer must not permit the driver to operate a commercial motor vehicle for that motor carrier.
(g) After October 29, 2004, previous employers must:
(1) Respond to each request for the DOT defined information in paragraphs (d) and (e) of this section within 30 days after the request is received. If there is no safety performance history information to report for that driver, previous motor carrier employers are nonetheless required to send a response confirming the non-existence of any such data, including the driver identification information and dates of employment.
(2) Take all precautions reasonably necessary to ensure the accuracy of the records.
(3) Provide specific contact information in case a driver chooses to contact the previous employer regarding correction or rebuttal of the data.
(4) Keep a record of each request and the response for one year, including the date, the party to whom it was released, and a summary identifying what was provided.
(5) Exception. Until May 1, 2006, carriers need only provide information for accidents that occurred after April 29, 2003.
(h) The release of information under this section may take any form that reasonably ensures confidentiality, including letter, facsimile, or e-mail. The previous employer and its agents and insurers must take all precautions reasonably necessary to protect the driver safety performance history records from disclosure to any person not directly involved in forwarding the records, except the previous employer's insurer, except that the previous employer may not provide any alcohol or controlled substances information to the previous employer's insurer.
Click to expand...

I'm just wandering why my company won't respond or why it's taking them so long to. Hopefully the company I want to go work at will eventually go on with the hiring process without it. Only time will tell though.
Click to expand...

Why wonder, call your previous employer. Ask nicely, and they might just help you out. Every time I apply for a new job I shoot an email or text to my previous employer letting them know they will be getting contacted soon.

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