Accident

Discussion in 'The Welcome Wagon' started by JHayes, Mar 19, 2015.

  1. JHayes

    JHayes Bobtail Member

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    Mar 19, 2015
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    Hello, I have been driving for 11 years with no accident until this past winter. I laid a truck over due to freezing rain. Was on a country road no police report was made so therefore it was a non-DOT recordable and is not on my record. The company I was with had kept me as an employee but fired me 2 weeks ago for calling in sick. I am trying to get another job and at least one place has been informed of the accident through the past employer just to be asswholes. Even though it is not on my record they still chose not to hire me. What can I do?
     
    Chinatown Thanks this.
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  3. marineman227

    marineman227 Dock Waterer

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    How did you manage to roll a truck and not get a police report? Even if you're not considered at fault a big truck on its side generally warrants them writing it up.
     
    G.Anthony Thanks this.
  4. G.Anthony

    G.Anthony Road Train Member

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    Since I am not fully aware of a "country road", I do not know if that means it has no known name registered on file with the state?
    Maybe the employer cannot recoup his loss due to this and when you called in sick, that gave him the perfect timing to fire you?

    I dunno, I wish I were a truck stop lawyer, or at least more knowing of all the circumstances in your situation.

    Sorry you got fired, get a new DMV report in about one month and check it out. Sometimes it takes at the very least 1 month for things to show up on your DMV, maybe longer.

    Now for you former employer to report that to prospective NEW employers is against the law. All they can legally say is when you started work there and when you quit, maybe your job duties as well.

    I'd seek out legal advice with the labor dept on this, they may actually be your best source for information?
     
  5. Chinatown

    Chinatown Road Train Member

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    Henderson, NV & Orient
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    There's companies that will hire you; put your location on your profile so we know the hiring area you live in.
     
  6. tinytim

    tinytim Road Train Member

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    Northern Ontario
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    Though that may be what their lawyers recommend they can say more. It varies by state.
    http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.html

    For example, Virginia

    § 8.01-46.1. Disclosure of employment-related information; presumptions; causes of action; definitions.

    A. Any employer who, upon request by a person's prospective or current employer, furnishes information about that person's professional conduct, reasons for separation or job performance, including, but not limited to, information contained in any written performance evaluations, shall be immune from civil liability for furnishing such information, provided that the employer is not acting in bad faith. An employer shall be presumed to be acting in good faith. The presumption of good faith shall be rebutted if it is shown by clear and convincing evidence that the employer disclosed such information with knowledge that it was false, or with reckless disregard for whether it is false or not, or with the intent to deliberately mislead.

    B. In a civil action brought against an employer for disclosing the information described in subsection A, if the trier of fact determines the employer acted in bad faith, punitive damages may be awarded, as provided by § 8.01-38.1.

    C. As used in this section, the following words and phrases shall have the following meanings:

    "Employee" means any person, paid or unpaid, in the service of an employer.

    "Employer" means any person, firm or corporation, including the Commonwealth of Virginia and its political subdivisions, and their agents, who has one or more employees or individuals performing services under any contract of hire or service, express or implied, oral or written.

    "Information" includes, but is not limited to, facts, data and opinions.

    "Job performance" includes, but is not limited to, ability, attendance, awards, demotions, duties, effort, evaluations, knowledge, skills, promotions, productivity and disciplinary actions.

    "Professional conduct" includes, but is not limited to, the ethical standards which govern the employee's profession, or lawful conduct which is expected of the employee by the employer.

    "Prospective employer" means any employer who is considering a person for employment.
     
    C & C Thanks this.
  7. Mr.X

    Mr.X Heavy Load Member

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    If no ticket . Next job you apply for, hand them an abstract of your driving record along with your resume and/or application.
     
    C & C Thanks this.
  8. JHayes

    JHayes Bobtail Member

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    Mar 19, 2015
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    Thank you all. I actually landed a better position. They had no issues verifying my history. Thank you all again.
     
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