Defamation of Character

If there are written statements your former employer made to your "current" employer that just terminated you, get those through your personnel file. Read what was written carefully. If the first employer made false statements to your second employer, you may well be able to sue for defamation and all of your front pay up to a couple of years. It would depend on the language they used. If they told the new employer you were terminated because of a traffic violation, and you had that violation dismissed, that may well be a violation and cause of action for a defamation lawsuit. Because you were not actually convicted but your former employer were representing it as if you were legally convicted, you could argue that your termination was based off the false notion that you had been convicted. The key would be based on the legal conviction, not on the act itself. But you should talk to an employment lawyer if you think you got the shaft. Most companies will break the law first, and ask questions later. I'm not a lawyer.

 

If you had the accident and didn't report it on your new application with the details is what is important.An ex employer can report any information that is true. On the new application you signed Even states your giving them the right to check. you will also sign a release for them to check drug and alcohol results.Now it's against the law for them to try to keep you from gaining employment by reporting false information so the only recourse you have is if they said something not true.Thats why a lot of companies will only give out start and end dates to protect themselves they don't want some yahoo in HR department to accidentally report wrong information.The ticket being dismissed is a no factor doesn't matter the accident and did you explain it on the application is what is important

 

In general labor industry, pursuant to the fair labor laws, an ex employer can only reveal the dates you worked, whether or not you did your job, and whether or not they would rehire you. Any personal information cannot be released without written consent.
However, those rules are slightly different in the trucking industry per federal guidelines, because of the nature of the job.
Between DAC, PSP, CVSA, and all the other recording agencies that monitor driving habits, accidents, tickets, miles etc., just about everything about you is recorded somewhere.
With that being said, they can provide your next employer with your driving record and performance, they are still bound by federal regulations as to releasing personal information.
Let's say that you had a family emergency and it kept you away from work for an extended period.
They can tell your next employer that you left because of a family emergency, but they cannot by law tell them the nature of the emergency.
Bottom line, the trucking industry is a whole different animal, with a lot more rules and regs. A lot more of your information can be shared, but they still cannot reveal certain private facts about you.

 

You are some What right Some is only a myth.An ex employer can report any work related issues,accidents,tardiness,etc.thatis true.Now the myth they can only report start and end dates isn't true but it's against the the law for an ex employer to intentionally try to keep you from gaining employment by reporting false information so some companies will only release start and end dates to protect themselves from someone accidentally reporting wrong information. You have the same rights as everyone that is why you sign releases when your filling out an application,for medical information release for drug and alcohol test results and a release for a background check most don't read what there signing.

 

Lovely-another one.
No Sir--------YOU caused yourself to be terminated!

 

There is no law that prevents them from disclosing a reason for an absence.

HIPAA and other medical privacy laws do not cover non-employees, including by extension.

To be exact, if a former employee applies to another company and gets hired, the former employer can share the medical long form with the new employer.

 

Accident history and drug and alcohol history back three years AND including anything learned during the background check related to those three items is protected by DOT regulations that protect the carrier that are designed to get the carriers to answer the requests.