Defamation of Character

if only you can prove it.
Is a Former Employer's Bad Reference Illegal? Generally, an employer is not prohibited by law from providing truthful information about a former employee to a prospective employer. ... However, crossing the line into making misrepresentations or outright lies could make a bad reference illegal.

 

Here are my wild assumptions about the OP's situation. I think he was terminated for having a DOT reportable/chargeable/preventable accident that cost the company tens of thousands of dollars and maybe even a hundred plus thousand dollars. I think the OP is woefully optimistic and generally and selectively ignorant on how the industry works. He probably beat some sort of ticket for the accident for some reason that we will really not have any idea what happened. I think right after beating the ticket, the OP ran out and got another job failing to accurately describe something on the application (falsification). No idea what was place on the application nor left off. But at some point in time, the accident was discovered and the application was checked and I will go out on a limb and say that it is probably that falsification that was the issue and the reason that the OP was terminated. As for the PSP / CSA. I have had some drivers who were totally innocent in accidents where they were struck by other vehicles and the other parties were sued.. The CSA doesn't stipulate on what the accident was or who's fault it is.. and it can be months before the information on the CSA is updated.

 

State Laws on References and Statements By Former Employers

 

It will depend on what you signed. When you do an application there is usually a waiver, and most don't read it, that gives the company you are trying to hire on permission to do a background check and a release they can send to previous employer, signed by you, giving the previous employer permission to release info.

Contact a lawyer for better advice.

 

I can't be the only one who smells a strong "I'm looking for an angle to sue someone because I can't hack it in the real world" vibe in this thread?

 

I didn't get the sue vibe. More like the i f'ed up and want to bury it vibe..

 

defamation

n. the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander. Public figures, including officeholders and candidates, have to show that the defamation was made with malicious intent and was not just fair comment. Damages for slander may be limited to actual (special) damages unless there is malice. Some statements such as an accusation of having committed a crime, having a feared disease or being unable to perform one's occupation are called libel per se or slander per se and can more easily lead to large money awards in court and even punitive damage recovery by the person harmed. Most states provide for a demand for a printed retraction of defamation and only allow a lawsuit if there is no such admission of error.

 

Do You Know What Former Employers Can Say About You?

 

It is actually a legal requirement that during job verification companies share accident history... It's in the fmcsa hand book sure someone can get the article nber for you... I got roll

 

I had a previous company put on my DAC many years ago that I had a "preventable". I was parked 7 hours sleeping in a designated spot in a truckstop when I flash flood came thru and the whole side of my parking spot washed away into the culvert on the passenger side of my spot and my truck rolled over into the ditch.. I was badly injured and my truck was totaled.. they put on my DAC preventable and told me I shouldn't have parked in that parking spot!
It wasn't reported anywhere since it was at a Loves truckstop and I was freaking asleep at the time! Lol! So, moral of the story; company's can pretty much designate anything preventable if they want and report it to DAC