After I was hit by a drunk driver at the tail-end of my 2 week vacation, and was unable to work because I was on crutches for 3 weeks after the accident, I was "automatically fired" from my job because I had not pulled a load in 4 weeks.
Note: I was in my personal vehicle and the other driver was arrested. I was not ticketed, and I was not fired because of the accident. I told my company that I was unable to work because of my injured situation, I was fired "automatically" purely based on the fact that I had not pulled a load in 4 weeks. Company policy or some such.
This week i am finally able to walk again without crutches and I'm trying to get another job. I requested a copy of my DAC report 2 weeks ago from Hire-rite to make sure there wasn't anything incorrect on there.
After my initial request, I received a correspondence by email that they would send me a copy of my DAC report in 5-7 business days.
I didn't get the DAC report after 5-7 business days. I called Hire-rite to find out what was going on, and their phone operator said it would instead take 15 business days in contradiction to the e-mail they sent me.
My phone converastion went like this:
Me: I'm sure the DAC report is a computer file, why can't you just send it to me now
Operator: Well there is a procedure and a process, and that takes 15 days.
Me: If a company requested my DAC report prior to hiring me, I'm sure you would get it to them in a shorter period of time.
Operator: Well there are different procedures and processes for that kind of request.
This is such a pile of BS. This is completely unfair to the driver. This drawn out process is preventing me from applying, because I don't know whats on the report. There is no reason for this to take 15 days.
There were 2 incidents with my previous company that were not my fault. I NEED to know that they did not incorrectly pin the blame on me.
DAC report wait time BS
Discussion in 'Experienced Truckers' Advice' started by Slargtarg, Aug 10, 2017.
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Family and Medical Leave Act - Wage and Hour Division (WHD) - U.S. Department of Labor
The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
Twelve workweeks of leave in a 12-month period for:
a serious health condition that makes the employee unable to perform the essential functions of his or her job;
In other words, the "company policy" as it was applied in your situation is a violation of the FMLA. If you wanted your old job back, you could file a claim with the labor dept. Hell, even if you DON'T want your old job back, you can make a claim for wrongful termination and seek back pay that you would have earned had you not been let go.LoneCowboy, baha, nax and 2 others Thank this. -
Yup. Agreed here.
'Cause I wouldn't want that job back.Mattflat362 Thanks this. -
Yes, I do not want my old job back. I was actually planning on moving on because they screwed me out of lumper re-imbursements, layover pay, and also did not pay me for 1 week of vacation even though I was entitled to 1 week of vacation pay because I had worked there for over a year.
Prior to going on vacation, I told my manager that I wanted to use my vacation time, but when I got my check, it was negative for that week (negative because of health care premium) because he didn't bother to put it through.
The whole company was completely incompetant.
One of the incidents that I'm worried about was when my truck was hit by another driver at the company terminal, who was later fired because of the incident. His fault, I was in the sleeper birth when he screwed up trying to park next to me and hit my truck.
For 4 months they did not fix the damage because it was cosmetic, however when they finally did fix it, I got a call from safety demanding to know why I had "unreported damage" to my truck.
In the 4 months between the incident and the repair they had completely forgotten about what happened and why they fired the other driver.
I need to make sure they did not pin the blame on me in my DAC report.Last edited: Aug 10, 2017
drivingfool Thanks this. -
A lot of small companies actually don't have to follow fmla laws because there is an exception something to do with having more than 50 employees within a 50 mile radius
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File a claim against them for the unjustified termination while recovering from your accident, they can't do that and they need to pay for this crap.
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Companies that use dac are companies not worth working for.
There are tons more companies that don't care about dac then do. dac shouldn't even be a consideration when looking for a new job.
I've got 1 not eligible for rehire and I don't even care. I don't plan on working long haul or a mega ever again.
My dac took 30 days. -
ok, first and foremost...did you supply your company with a doctors note, stating you cannot work?
a "simple" phone call many times, DOES NOT SUFFICE.
you "may" be able to get your job back, IF YOU PROVIDED a doctors note, so seek an attorney for "unreasonable or unwarranted discharge"
next, i have dealt with DAC since my first year in this business.(over 35 years now, so i "got an idea", on how it works)
at ONE time, EVERYTHING had to be done by snail mail.
now you can order up your DAC online.
IT DOES TAKE "up to" 15 business days to get your DAC, HOWEVER, so many times, i got mine in less time.
so NO ONE is lying to you..>!!!
now, in all honesty you are "picking on DAC" for your possible failure to keep your job, by providing a doctors note.
what ever time it takes to get your DAC, it takes. you can argue this all day long, but to me, it's all on you, not DAC.
good luck.CrappieJunkie Thanks this. -
i checked it out, no such thing as a 50 mile radius
Once an employer meets the requirement for FMLA coverage, the employer is a covered employer and will remain covered as long as it employs 50 or more employees in 20 or more workweeks in either the current calendar year or in the previous calendar year.
soooo....LESS than 50 employee's we are all screwed. (and i personally see that, at my employer, as one guy went out with a back injury...2 weeks later, they hired a new REPLACEMENT driver)
https://www.dol.gov/whd/fmla/employerguide.pdfLast edited: Aug 10, 2017
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Ok, Got my DAC this morning.
There was nothing in it, no employment history or anything.
Only one note that my company requested a background check prior to hiring me 1 year, + 9 months ago.
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