Defamation of Character

But that can be contested and removed from dac. Obvious falsification.

 

You could of fought that one though... I would of that's crazy

 

Nope; tried.. if they deem it preventable; it is listed as preventable.. it didn't matter; I just showed my paperwork from the accident to new companies I wanted to drive for and they ignored it.. was able to get hired on with no problems 4 months later when I was healed from my surgery..

 

Whoa there, This is Trucking, this is not a profession like a doctor or another where your reputation makes you.

Here is what you are missing, anything that is made up to indicate you had an accident, not the details but the accident is considered to be damaging where YOU CAN NOT get employed in your profession is defamation.

In your case - NO, it isn't damaging because you had an accident, and the company that you worked for (I assume) terminated you so because they can interpret the accident anyway they want and pass that info onto others because it is on your record and that FMCSA regs require them to do their Due Diligence in the application process.

 

DAC is WHACK.

 

Well,yes.former employers are allowed to release your driving records and drug testd,late loads etc.Is this something you left out on your new driving application? Sounds like more than likely "old company" is a little upset that you "twisted up" their expensive rig.Of course they weren't concerned about your well being.If it's something you failed to mention to prospective employer (this is grounds for termination).Most trucking company employment says right on the app "Your employment can be "terminated with or without cause".Typically big truck companies have dedicated lawyers and are very careful as to "what they will send out in writing",so as not to get "sued" for defaming someone.Of course,you can see an attorney ,usually free to see if you have a case.I know it sounds crazy (a dismissed accident keeping you from driving),.Good luck to you

 

Oh and to the op, here is the risk of trying to force a lawsuit in this issue, some dumb lawyer would take it, it would get to a judge and he/she will look at it and claim it as a frivolous lawsuit which is illegal for a lawyer to present to the court in many states, the lawyer now risks his license and disbarrment if the court or the company lawyer files a complaint against them, which has happened, the on top of that you can be sued.

 

Then the frivolous lawsuit is like 50-100 additional points in your DAC!

 

When I used to be a mgr my company was struck on what we could say. All we could say was they worked here, give them the accident/citation history and whatever else was asked for. When it asked reason for leaving we just put terminated, resign etc. each place is different.

They can say yes he was terminated for having an accident. They can't say he was terminated for having an accident because he's a crappy driver etc.

Now where I work now, they used to have a problem of hiring ppl without finishing their background checks. Sounds like this could be it

 

A claim for defamation arises when one makes a materially false statement about another person, in a way that harms them, usually financially. "We fired him and he is ineligible for rehire," is acceptable, unless you actually resigned. "We fired him because he is a pedophile and hit a light pole," is probably defamation unless you have a criminal record for pedophilia. Because these situations get dicey, an employer will usually only confirm salary, dates of hire, job description, and eligibility for rehire. Most companies giving a neutral reference will answer, "upon review," to the question, are they eligible for rehire. A derogatory reference is always a "no" answer. The statements have to be materially false for the claim to prevail. Just giving a negative reference usually doesn't cut it...