blackballing seeking feedback

Hi,

I'm jcreno's wife and my husband originally came here to meet other drivers that live in Indiana. We have lived in Nevada, all of our lives and am looking to move ourselves and four children, as soon as financially able, to Fort Wayne, Indiana due to high unemployment rate here in Nevada. I apologize that this post is so long, but i dont know how to shorten this without leaving out pertinent details. Although we are both seeking the advice, it would take jc, a l-o-n-g time to type this out so here is the gist: Okay, he works for a local dirt hauling company and has for about a year. Eighteen months before that, he worked for another small regional company here in town for nearly three years, a company with a fleet of 80 forty footers. He has one ticket on his MVR dated four years ago for five over posted speed limit, his DAT has nothing on it as both companies do not report to DAT, and his PSP is clean as well. First of all, it took him so long to get another job, I myself wondered about it. I realize the economy is really bad here but still. Oh and we learned how to find his DAT, PSP from reading at this site so thank you.
So based on a conversation he had with his former employer yesterday, we are thinking he may be being blackballed by his former employer based so here are the facts:

He did not leave the last job in a good way and although we don't know the exact reason he was "pushed" out, we suspect, it was because he asked if he could opt out of the per diem program so our taxable income was higher in order to qualify a home - this was in 09. He was told he had no choice but to take the per diem deduction and he could change it the following year. He said the boss seemed really angry about the question too! (BTW, he drove from reno to the ports daily and rarely stayed overnight - the per diem money was tax-free money deducted from his pay so say he makes 35,000.00 - well it looks on his w-2 that he made 25,000.00) So fine, he didn't like it, but he's quiet guy and didn't argue either. A week later, he was called to take a random drug test. He had mentioned too, that the owner/dispatcher seemed cold that week and he wondered if he had opened a can of worms with that question because other drivers had been chattering that the whole per diem thing was illegal - there were a lot of unhappy drivers and the turnover was high. So, about this drug test, he reported immediately to the testing center after dropping the company truck off. The person truck he was driving that day, was another drivers, because we were moving. (This detail with later become important.) While he was at the testing place, the safety director, called him and directed him to return the other driver's personal car keys to the driver while at the testing center. Driver/friend came to the door of the testing place, and JCRENO handed him the keys and asked permission to go the door. He was given permission and returned the keys. He did not leave the waiting room of the testing center. He took the drug test with no issue as he has never and will never use drugs of any kind. NOW BEFORE, the results came back, he was fired and told to come get his belongings. He filed for ue and won and began searching for work. Eighteen months later, last August, he was hired locally as end dump driver after applying with that company four times. It never occured to us, until this week, that he may have been receiving a negative reference during all those months because the test was negative. Currently, he is applying to the "best job" he can get because a friend who works there gave him a reference. During the ardous application process of a hazmat position. He signs releases for the dat, and releases to talk to former employers. I suggested calling his former employer to ask about what reference he was being given and to my surprise the owner did say some things that lead us to believe that our suspicions are correct

So, when called his former employer yesterday he was told that 1.) because he returned the keys to his friends truck at the door of the place as directed, the drug testing place considered it a "dirty" even though it was negative and reported that to his company! ( we later learned that this was untrue) He was told that 2.) the former company could not report this as a dirty to other companies because the test was indeed clean. Okay, locally, this former company is noted for being shady and not just with drivers but with vendors and other driving comps as well. After finding this out, called Concentra, the drug testing place,and asked for a copy of the test and told them what the employer stated. They looked up all the info from three years ago, and said, that IT WAS NOT THEIR POLICY call the company over a matter like that and report a test as dirty, and that they would have informed him, right there, that his test was considered a dirty, and/or asked him to void right in front of them! They stated this also would have been noted on the chain of custody form as well. We picked up copies of both the test and the chain of custody form. Now I'm assuming a company can, blackball anyone, by saying anything they want about a drug test when talking to another company. This is right to work state. Neither company has to prove anything right? Am i wrong, or in a private phone conversation or on a reference form anything can be written because the company, under DOT law cannot release the actual copy of his test without his consent? OR am i wrong?

He is now applying for a job at Clean Harbors which would provide the income needed to get us to Indiana and some good experience as well. Do any of you have any advice as to how to proceed? I was thinking of drafting a strongly worded letter to the former company, with my husband's input of course, that he did verify the information given, with Concentra, the drug testing company, and have copies of the testing info. I thought id say something along the lines of in light of Concentra stating that they did not ever consider this test a dirty, "blah blah blah" and that it would have been noted on the chain of custody form, and that any reference to any type of dirty test, would be considered slanderous and we would pursue legal remedy if needed. I'm thinking this may stop them from saying this crap because we now have copies of the information and have spoken to the medical director who verfied the company's version of events were innacurate. Do any of you have any information that could help us better protect ourselves or prove this is happening? Anything? Thank you!

Nevertheless, I also feel that provoking them could make them say worse, because bad references are so hard to prove. We don't have money for a lawyer but have kept good records of every job he applied and didn't get. I have learned a lot already here, and would appreciate any feedback! Thanks in advance.

 

I think I accidentally replied by email. We think his current employer may be willing to ask for a reference. So you mean format the reference request the same way as a PSP report? Thank you very much. I wonder if there is a service you can pay to do this for you, and if so, it is legal?

 

I read that the per diem was illegal. Maybe we will contact a lawyer for a consult atleast.. I read the per diem stuff is illegal too based on that these guys don't stay overnight. Thank you!

 

Thanks! I will first thing Tuesday.

 

All your advice and thoughts are appreciated We already don't feel so alone in this.

So you think writing the letter to the comp won't do much good? Im thinking that it's a gamble either way; it could really irk them, or cause them to stop. I also think, that because my husband, doesn't talk much, they think he is not that smart. I do know they think that we would not be able to get a copy of the tests. They said they could not release it to us or his personel file. They are under the impression that because the PAID for the test, he wouldn't be able to obtain the details. That's why i thought a letter might shake them up a bit. But a letter alluding to rights and lawsuits should always be written by a lawyer, I do know that.