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BACKGROUND CHECKS -- Need Help!

Discussion in 'Questions From New Drivers' started by HoneyD, May 8, 2008.

  1. May 8, 2008 #1
    HoneyD

    HoneyD Bobtail Member

    4
    0
    May 8, 2008
    Chattanooga, TN
    0
    My husband recently rec'd Class As and has been driving Class B for several yrs and working construction. He has HAZMATs and tankers. Took a recent job w/what we thought was good company -- checked it out here and very few comments and those were good -- we felt lucky. After 4 wks training, he was called and said he failed background check. We're furious -- we were honest on background in completing application and now it appears they are changing the rules plus they will not provide us a copy of the background check that was completed. We have had this trouble a lot in the last 6 mos, but thought after clearing w/TBI and Homeland Security for HAZMAT it was over. He has some misdeamor convictions - none in last 5 yrs; no felonies; 2 DUIs 18 yrs ago; one accident 3 yrs ago - unavoidable on police report and no citation to court; and no moving violations in over 15 yrs. Now company says they only allow 1 DUI ever - but that was not what was on application; and they are stating he is showing a felony conviction. Do we have any recourse and is this going to continue - AGAIN.
     
    HoneyD, May 8, 2008
    HoneyD, May 8, 2008
    #1
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  3. May 8, 2008 #2
    Lurchgs

    Lurchgs Road Train Member

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    Feb 13, 2008
    Denver, CO
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    the BI for HAZMAT is completely different from any BI a company may do in the hiring process.

    I don't know what can be done about the DUIs.. it would depend on what's in writing from before he applied, I think. If the prelim paperwork had a different DUI policy.. it might be lawyer time (see below). The important bit is that it has to have been in writing. If they changed it in mid-stream.. well, honestly, I don't know where you would stand.

    I *think*, though I could be wrong, that the do have to provide a copy of the BI they conducted, if the information was obtained from past employers or the DAC. The place to look would be the FMCSR. I think it would be chapter 391.23. I know they MUST provide specific contact information for the previous employers - date of contact and person who replied. They have no choice in that matter. They MUST provide you with the information obtained from previous employers and MUST allow you to offer rebuttal or a request for correction.

    Search in http://www.fmcsa.dot.gov/rules-regulations

    As for the felony..that's tougher. I don't think the FMCSR touches on that. Not even in the Hazmat requirements section. I would see if the company would at least provide the jurisdiction of the alluded-to conviction. From there, you can get any court documents that would be pertinent.

    One important bit: Carry out all your contact with the company in writing. No phone calls - in either direction.

    I know it's expensive, but if the company is not forthcoming, it might be worth your while to <shudder> hire a lawyer. If the company wont cough up, the lawyer should be able to get it via court order - or, if you want to really have fun, subpoena it.
     
    Lurchgs, May 8, 2008
    Lurchgs, May 8, 2008
    #2
  4. May 8, 2008 #3
    HoneyD

    HoneyD Bobtail Member

    4
    0
    May 8, 2008
    Chattanooga, TN
    0
    Thanks for your help, I contacted an atty I used to work with -- the trucking company is based out of Georgia which is an "at-will" employment state. However, the largest hurdle is that Georgia is only one of 6 states that does not have a law guaranteeing access to personnel files and therefore a lawsuit would have to be initiated. For our information though we downloaded a blank copy of their on-line application which is very specific about timeframes so that we do documentation as to what it asks.
     
    HoneyD, May 8, 2008
    HoneyD, May 8, 2008
    #3
  5. May 9, 2008 #4
    Lurchgs

    Lurchgs Road Train Member

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    Feb 13, 2008
    Denver, CO
    0
    the personnel files are different from the Background Investigation files. A copy of the BI files goes INTO the personnel file, but the Federal government says they MUST provide you with the info I mentioned above. Sate has no say in it.

    If they refuse, contact your local DOT/FMCSA office. (This is one of the reasons I strongly recommend keeping all your contact to written). FMCSA/DOT will be more than happy to lean on them. Free.

    Point your attorney at that FMCSA web site - unless he's already familiar with DOT/FMCSA law, he's going to need that.

    Go get 'em, Tiger!
     
    Lurchgs, May 9, 2008
    Lurchgs, May 9, 2008
    #4
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