am i completely screwed?

Discussion in 'Questions From New Drivers' started by HighwayCat, Sep 11, 2007.

  1. HighwayCat

    HighwayCat Bobtail Member

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    Sep 6, 2007
    Catskill, Ny
    0
    hello everyone, im a 1st time poster with one helluva problem

    i recieved my training through Central Refrigerated. i was terminated due to safety violations, with roughly 6 months OTR experience.

    now, my DAC report is clean, my license is clean...
    however when ive applied to local jobs im told im too young or too inexperienced, if not both; due to insurance reasons... which is understandable

    when i apply to the big companies everything is fine until they check my references. when they call Central, theyre being told about the preventable accidents ive had with them (hence termination due to safety)

    for example, when i 1st came home i was hired through JB Hunt (yea, i know)
    so i went to Jersey for the whole orientation thing, and on my 2nd day there i was told i cannot be hired due to what Central has told them

    my main questions are:

    is it legal for Central to be releasing this information, considering i was never written any citations for supposed preventables, and my DAC is clean...?

    also, if there's no way of me getting around this... where do i go from here?
    how do i get experience when no one will give me a chance?
    is it a possibility to get one of these big companies to give me extra training?
    all of the ones since JB that ive told about these PA's have told me i need Xnumber of months driving experience in a big rig w/out any incidents and then i will be hired

    what can i do?
    after a month of being home, i really do miss being out on the road. the things that happened to me were unfortunate, but i believe adequate training will eliminate any potential future problems

    any advice is appreciated... im new to the industry, and i just dont know what to do!

    thanks to those that reply!
     
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  3. L.B.

    L.B. Third Generation Truck Driver

    2,654
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    Jul 23, 2007
    Middle GA
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    I know that these laws differ from state to state, but here in GA, when an employer calls for a reference, legally, the only thing they are allowed to do is verify that the person once worked for them and nothing else. Any more information given that could keep you from being employed is a potential law suit against the former employer.

    Check into your state's employment laws. Using DAC allows companies to go around this, but if you say your DAC is clean, here in GA they could not legally keep from hiring you on based on a reference call unless you lied about your employment history.

    Had some issues with the wife's former employer on this.
     
  4. Roadmedic

    Roadmedic Road Train Member

    18,951
    8,981
    Apr 4, 2007
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    Difference is the fact they are checking on his driving record. An applicant has to sign a document concerning all accidents. They then can call and verify the accident history. Failure to list will be found when they verify the driving history.
     
  5. VULCAN1999

    VULCAN1999 World's #1 Grandpa

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    Jul 28, 2007
    Bunnell, FL
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    I think as long as they ask questions like did the person have any accidents and you did theres not much you can do about it, it's not like their slandering you. You admit you had the accidents. Start looking at smaller companies they may not do as much checking on you. Look into local dump truck for a while until a couple years pass then try over the road again.

    Good Luck
     
  6. HighwayCat

    HighwayCat Bobtail Member

    2
    0
    Sep 6, 2007
    Catskill, Ny
    0
    well, i have contacted both the NYS department of Labor (the state im from) as well as the Utah DOL (where my job was out of)

    however, no one seems to know what to tell me

    does it go by my home state's law, or my company's home state?

    i have the impression that the trucking industry is a differant kind of beast than other industries, so when i tell these people from the DOL that im an OTR trucker, they become flustered and dont know what to tell me
     
  7. LogsRus

    LogsRus Log it Legal

    2,589
    358
    Nov 23, 2006
    Indianapolis, Indiana
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    Employment verifications (past jobs) must be completed per Federal DOT Regulations. Therefore they must follow the Federal rules on this & I am sure there is state rules, however Federal over rules the state regs.

    I don't have time to read through the whole section here, but here is a link that should answer your question. It's the FMCSA website and the link I am giving you should give you the answer it is regarding previous employment request. They changed them regulations in 2004. Read and you shall find your answer.
    If you can't click on the link, you just copy it and past it into your address bar.

    http://www.fmcsa.dot.gov/rules-regu...?rule_toc=760&section=391.23&section_toc=1772

    It also states what the company should do incase you would like to rebuttle the statement a previous employeer is making
     
  8. Big Don

    Big Don "Old Fart"

    17,996
    35,643
    Sep 8, 2007
    Utah's DIXIE!
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    You might look at smaller local outfits such as aggregate haulers. While it isn't a very pretty job, it should be able to get you behind the wheel for enough time/miles to get some pretty good training, and hopefully put your rough start behind you.

    FWIW, I'm from Utah and have some friends who have worked for Central. You haven't lost anything by not working for them, other than of course what your safety record is.

    My guess is it is simply a lack of training, plus being pushed too hard.
     
  9. hb26_53

    hb26_53 Bobtail Member

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    May 30, 2007
    Ralls, TX
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    --------------------------------------------------
    I went thru a driving school several years ago but decided not to make a career of truck driving. In school there were a couple of guys like you with similar problems. They took the refresher part of the course, an abbreviated part of the overall course. However, they were entitled to the placement services of the school, and both got placed after finishing the refresher course. This probably shows a prospective employer that you are willing to work on your driving skills and correct and defects you might have. It works sort of like taking a defensive driving school that can erase a ticketg and reduce your insurance.
     
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