Another job called my job wtf

Discussion in 'Questions From New Drivers' started by Nsuaqcat, Apr 23, 2020.

  1. Farmerbob1

    Farmerbob1 Road Train Member

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    I consider giving two weeks notice right for me, because I think it's foolish for me to burn bridges.

    Now, if the company treats me poorly enough, I might drop them like a hot rock, but I'm unlikely to hire onto a company with a tendency to do things like that, because I do my homework.
     
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  3. Moose1958

    Moose1958 Road Train Member

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    I want to repeat my earlier comment. This industry is VERY heavily regulated by the Federal and State governments. Somehow this point gets overlooked. A carrier that hires you is REQUIRED to follow part 391 to the letter. Failure to do this at a minimum can get a carrier fined. At a maximum it can cost a carrier it's very existence if a Jury award is large enough. As an applicant, you have no option in the matter when it comes to these requests for information. You tell a new prospective employer they can't call your current or for that matter any past employers this carrier WILL round file your application. They have no option because this employment information is required PER Subpart C of Part 391.

    Now take a look at what is required to be in a carriers DQF (driver qualification file) the FMCSA enforces this to the letter!

    1. THE APPLICATION OF EMPLOYMENT
    You can create the employee application as long as it contains all the mandatory information, which is listed in the Electronic Code of Federal Regulations. Or you can simply use the new driver application package provided by the FMCSA.

    2. MOTOR VEHICLE RECORD (MVR) FROM EACH STATE LICENSING AGENCY ANNUALLY
    It’s the trucking company’s responsibility to request a MVR for each truck driver covering the preceding 12 months in every state that a driver held a commercial motor vehicle operator’s license or permit. You can find information to help locate the appropriate state agency on the DMV’s website.

    3. MOTOR VEHICLE RECORDS (MVR) FOR PREVIOUS 3 YEARS
    Every trucking company must investigate and inquire from every state that each new driver has held or holds a license or permit to receive all possible MVR’s for each truck driver.

    4. REVIEW OF MVR
    MVR’s must be reviewed every 12-months to determine if the driver meets the minimum requirements for safe driving and to evaluate the truck drivers driving qualifications. The annual note must include the name of the reviewing person as well as the date of the review. Any evidence of violations of any FMSCA regulation must be identified and disclosed. Evidence of a driver’s disregard for the public safety, such as speeding, reckless driving, operating under the influence of alcohol, or other accidents on the driver’s record, may be considered proof of a violation. Take your time and carefully review these records because an incorrect determination of driver qualification could put your trucking company out of service.

    5. RECORD OF VIOLATIONS
    Every trucking company must obtain a list or certificate from each driver showing any violations in the previous 12-months. The record of violations should cover motor vehicle traffic laws and other ordinances. Parking violations do not need to be included on this list! The driver’s certificate or list is required even if a driver has no violations, or other convictions. If that is the case, the truck driver just simply signs the certification. Get a driver’s certification for your truck drivers here.

    The purpose of the sixth document is to qualify your truck drivers. Providing proof of proper education either through a road test or a commercial driver’s license (CDL) equivalent confirms a truck driver’s legal operation of a CMV.

    6. COPY OF COMMERCIAL DRIVER’S LICENSE
    A copy of the CDL is necessary to prove that your driver is qualified to operate a truck. This can be fulfilled in 3 ways, copy of the license, a road test certificate issued to the driver; or an equivalent certificate accepted as the driver’s road test.

    Proving that a truck driver is qualified to operate a CMV is not limited to including records of proper education and a safe driving record. A truck driver also needs to be physically qualified to operate a truck safely. To prove that a truck driver meets this seventh requirement, you must have your driver complete a medical examination.

    7. MEDICAL EXAMINER’S CERTIFICATE OR LEGIBLE COPY
    A Department of Transportation (DOT) physical exam must be conducted by a licensed medical examiner listed on the FMCSA National Registry. The DOT physical exam is valid for up to 24 months. However, if there are any medical concerns that the medical examiner wants to monitor, like high blood pressure, the medical examiner’s certificate may be issued for less than 24 months. The completed examination report, whether it’s electronic or a paper copy, is kept on file at the medical examiner’s office for at least 3 years from the exam date. The medical examiner is required to make these records available to either an authorized representative of the FMCSA or a state, Federal, or local enforcement agency representative within 48 hours of any request. If a medical variance from the FMCSA was issued to obtain a medical examiner’s certificate, that medical variance document record must also be kept in the DQF.

    8. NOTE REGARDING MEDICAL EXAMINERS CERTIFICATE
    Every carrier must also retain a note or record in the DQF verifying that the medical examiner used by the truck driver was authorized on the National Registry of Certified Medical Examiners List.
     
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  4. ZVar

    ZVar Road Train Member

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    Just a minor point on this. A lot of companies will allow not call the current employer on an application and not care. They will still have to call them before the hiring, but they don't mind waiting until other aspects are done like an actual job offer (conditional on said checks and drug testing of course)
     
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  5. nikondvr

    nikondvr Light Load Member

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    It's actually illegal for them to contact your current employer without your consent. They can contact any PREVIOUS employer but all they are legally allowed to state is that you worked there and the dates.
     
  6. nikondvr

    nikondvr Light Load Member

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    None of what you posted comes from your current employer. It comes from the driver themselves and from state DMVs.
     
  7. ZVar

    ZVar Road Train Member

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    Wrong. it's legal on a federal level and I've yet to find a state it's illegal in.
    Regurgitating truck stop counter bs is just that, bs. Learn to use google and do a 10 second verification before you claim something is legal/illegal.

    Wrong again. While the new company gets the information from the driver, it's up to the new company to verify it including the current employer. Here is the actual law.

    §391.23 Investigation and inquiries.
    (a) Except as provided in subpart G of this part, each motor carrier shall make the following investigations and inquiries with respect to each driver it employs,
    (2) An investigation of the driver's safety performance history with Department of Transportation regulated employers during the preceding three years.

    Plus others, but that specifically states the new motor carrier must (attempt to) contact all previous employers, with no exception to the "current" employer.
     
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  8. Moose1958

    Moose1958 Road Train Member

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    What part of this sentence do you have a hard time understanding? "You tell a new prospective employer they can't call your current or for that matter any past employers this carrier WILL round file your application." Next time you want to call my comment out how about doing so in an accurate way! I know that a prospective employer needs an OK to make contacts. They also need an OK to check drug testing records. That was the point of my comment!
     
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