Werner Enterprises, Inc. - Omaha, Ne.

i've been turned down by gainey, crete, and now USXpress (i dont really wanna try swift or JB) after traveling 300 miles to medway ohio only to be turned away on 2nd day of orientation. im still waiting for my controlled substance report to come back so i can see the BS is official.

good news tho, lawyer thinks this oughta be fun. since i believe this act was truly malicious, i hope we can really stick it to werner.

 

Applied to Werner after my bout with Menengitis after Harris Trucking of Lynchburg dumped me - put everything down on the application - sickness, accidents, incidents - called into Orientation in Allentown, PA - week went fine, passed all requirements and then a call out of the blue from their Safety Department, that as an incident with JB was less than 12 months old ( accident in Chicago - or bump), that I could'nt be hired - accepted that and was bussed home. Requested and received a copy of my DAC report from USIS and guess what Werner has done - never received one red cent from them!
They have reported my "non employment" on 1/27/06: this is Verbatim

_________________________________________________________________
Period of Service: from 01/2006 to 01/2006
License Number: VA **********
Eligible for Rehire: Review required before rehiring
Reason for Leaving: Discharged (or company terminated lease)
Status: Company Driver
Driver's Experience: Over the Road
Equipment Operated: Dry Box
Loads Hauled: Gen. Commodity

Accident/Incident Record
Equipment was involved in an occurrence or act that produced unintended injury, death, property damage of any type, or resulted in the equipment requiring a tow (other than mechanical breakdown) while assigned to the driver regardless of fault. Adverse information is reported for 7 years

Number of DOT Recordable accidents less than 7 years old: 0
Number of non DOT recordable accidents/ incidents less than 7 years old: 0
_________________________________________________________________

So in effect - go thru Oreientation, don't get paid for it, and I carry that for 7 years - I think my Solicitor is going to have to have a word with them - a very strong word!

And JB reported I changed lanes when I had been in that lane for about a mile or more - E-Z-Pass can show my lane at that Toll Booth - and the Police Report can confirm that - along with video of where the Jersey Wall ended to where I was hit.

Explains why it was hard to get a job - at least LandAir looked past that.

 

ya werner likes to kick ya when ur down.

 

Aussie, you CAN challenge this and have it removed. You will have to be diligent and express in no uncertain terms that this is not acceptable.

In order for Werner Enterprises to enter that you were discharged, they would in essence have to prove you were hired and worked for them. People that are discharged in orientation without the extension of a job are not considered employees under any criteria.

In order for the entry to hold water, they would have to produce proof that you were hired and paid wages. That as you know, they cannot do.

Write a stern letter of challenge, demanding that this entry be removed and send it to USIS/DAC Services, Inc. citing the fact that you were NOT extended an offer of employment by Werner Enterprises, that you were not paid ANY wages for work performed, and that the entry is therefore invalid and false in nature. Be sure to include those two points, because otherwise it will be ignored. Demonstrating that you know that this is unethical and are aware of the legal criteria, will bring about a retraction sooner, rather than later.

USIS will drag their feet of course, but if it is not removed in 30 days from receipt, send them another letter threatening legal action if this is not removed immediately, and inform them that you will be filing a complaint with the FTC for reporting false information. Send copies of all correspondence to Werner as well, also by certified mail, which may facilitate their cooperation in removing the entry voluntarily.

If they then still refuse to remove it, you may have to contact an Attorney for help.


The address for contacting USIS/DAC Services, Inc.;

USIS
P.O. Box 33181
Tulsa,OK. 74153

800-322-9651

Always include a legible copy of your driver's license and Social Security Card with requests for copies of your report and challenges to information contained within a report. Always request a corrected copy of the report, once they have changed information on it.

 

it's getting to be an ongoing thing where these companys can post this on dac.and pretty much keep you from advancing to better opertunitys.just becouse you quit them.and they are mad about it,so they go to the dac and dog you..i think it should be against the law .there is 2 sides to every story and these companys don't want to here yours,and quite frankly it makes me mad.when you know your inocent of what is being reported about you.....and this is not just on werner,but on a whole lot of other companys that do the same thing.......

 

It will be handed straight to a Solicitor - the same one that will handle Harris. It will be CC to Werner, USIS and the FTC - no point beating around the bush by just notifying one party - get all three involved at the same time and let Werner know in no uncertain terms that these two Government entities are notified. The time to start kicking arse has arrived!

 

many years ago i attended orientaion at the now defunked flatbed company PST in Davenport, Iowa. i got up and left the day before the end of the week, and flew home.

they listed in my DAC report i WAS an employee, which i wasn't, since i too didn't recieve any cash/payments for orientation. i got that removed from my DAC report, then when the company foled up, i had it removed i even attended orientaion as that was still listed and left without notice.........


question here though, if a person does attend orientation, and say that orientation goes on for at least past 2 days, and you need a motel room, and they PROVIDED that motel room, and at least ONE meal, doesn't this considerd as "payment" or "assumed" employment, since the companies are "footing" the motel exspenses.........????????????

 

At the time I was told about not being accepted, I asked about payment - the reply was that as "I had not been assigned a truck", I was not entitled to anything - I apoligize for not including that in the original write up. That may be the key to being employed or not according to Werner

 

well in my case i was already assighned a truck at srt.i was to recover it from cali.then they cut me...im about tired of the whole trucking thing.i've been driving for 18 yrs.im going on 40yrs old .i've come to the conclusion.they all promise the world to you and give you nothing . but a hard way to go..

 

Okay, here's the rule of thumb that dictates whether or not they can retain any claim to have "paid you" anything.

1). You will have received and cashed a payroll check.

2.) You will have signed an acknowledgement form or page that outlines the charges paid for on your behalf, and the fact that you either owe them for these charges if you are not hired, or that you accept this as a form of pay for orientation. The wording is important.

If neither of those two things have been done, then they have no legal right to either file a report with DAC on you, nor claim you as an employee under any criteria.

Those meals and motel expenses were nothing short of good will in an attempt to woo you to the company. You cannot fire a man who was never hired, and you sure cannot claim him as an employee. False information must be removed under Federal law.

Make them do it!!!