Employment verification

Discussion in 'Experienced Truckers' Advice' started by 2009GMC, Apr 12, 2013.

  1. 2009GMC

    2009GMC Light Load Member

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    Jan 19, 2011
    Alabama
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    Are there any rules concerning how long a previous employer has to verify your employment/drug testing results? Are they required to verify at all or can they just ignore the request?
     
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  3. StayBusyTrucker

    StayBusyTrucker Medium Load Member

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    They are required but can take there sweet time.I do them like my dm call em till your finger gets calloused they hate being bugged more.
     
  4. inandoutoftrouble

    inandoutoftrouble Road Train Member

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    If I am not mistaken, I believe that the federal government put out the employment verification requirements after the 911 attacks back in 2001, all part of the Homeland Security Patriot Act.

    It looks as though background checks for the trucking industry are becoming as stringent as that of the U.S. military, law enforcement, security, and various other SAFETY SENSITIVE JOBS.

    God bless every American and their families! God bless the U.S.A.!
     
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  5. saddleup

    saddleup Light Load Member

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    Sep 30, 2011
    magnolia, ky
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    You have to have proof of at least 2 attempts to recieve info. on file
     
  6. Dogbreath

    Dogbreath Light Load Member

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    Mar 6, 2013
    Eleva, Wisconsin
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    Safety Director here:

    Per FMCSA regulations a motor carrier must make two valid requests from all "motor carriers" that the applicant has driven a commercial motor vehicle in the last three years pertaining to driving history and drug/alcohol history. A valid attempt is classified by fax, phone interview, via HireRight (DAC) or similar employment history check, or via U.S. mail. The motor carrier must document "two" seperate ways of attempting to request such information (one could be a fax...proof shown that a fax was sent via the history report on the fax machine) and via U.S. mail (certified mail, delivery receipt request).

    The regulations do state that the former employer must reply to all valid inquires within a 30-day period of time. A valid inquiry is one that shows the driver signature, acceptance to release such information from the past employer to the new employer and must be dated. The Fair Credit Reporting Act is very strict here and no carrier wants to violate this law so without the proper request filed out; do not expect a reply back. The reason for denial maybe sent back to the requesting motor carrier and ask for a corrected form but the law does not state they need to do so. The past employer must document on their end thou why they did not reply (act on) the request and file it in the past employees employment file.

    The requesting employer if they have met all the Fair Credit Reporting Act regulations regarding request forms and have made two valid requests and have not received anything back from the past employer, they must note this in the employee file and sign off they made all reasonable attempts to secure such information. Proof of all attempts must be attached to the employee request form and placed in that employees file where it will reside till the file is destroyed after the allowed time period (3 years) after leaving employment.

    The requesting motor carrier ALSO file a complaint with FMCSA alleging that the former motor carrier failed to act in a timely matter to their request too. They must provide FMCSA the motor carrier in question, when they requested the information (both times) and how they requested, to whom they spoke with, and any respond (if any) that they received. A copy of this complaint is also to be filed in the employees file as proof of compliance and be made available during a DOT on-site review. I have filed complaints with FMCSA but have never heard anything more afterwards.

    Hope this helps you.

    FMCSA regulations:
    § 391.23 Investigation and inquiries http://fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=391.23

    § 391.53 Driver investigation history file. http://fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=391.53

    § 386.12 Complaint. http://fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=386.12
     
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  7. RonPaul2012

    RonPaul2012 Medium Load Member

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    Question regarding verification: I began driving solo August 2011. Had a fall from my truck and damaged my neck in January 2012. Although I am still employed on paper with the same company, I have not driven a truck since February 2012. My actual on the road driving experience is 6 months (give or take a week), but I have been employed by this company as a driver for 1 yr 8 mths. So here is my dilemma, I am going to start applying with other companies, but I'm not sure what information my current employer can release? Basically, if I put down that I've been employed by X company as a OTR driver for 1 year 8 months, can X company legally disclose that although I am employed, I have not actually driven a truck for over a year? Or, can they just verify time of employment?

    I'm looking for someone with employment verifications to assist me with this... Thanks.

    I know in my former life in the business world, you could only verify what was written (i.e., time on the job, job title, etc) you could not elaborate further, anyone with help on this?
     
  8. al_huryn

    al_huryn Medium Load Member

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    I just went through this with my current job. My former employer simply did not respond to several requests over a period of about 3 weeks. At that point my current employer just asked for my W2 so I could prove I worked there. I was worried about it hampering my attempts to find a new job but in the end it did not. Good luck...
     
  9. pattyj

    pattyj Road Train Member

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    Sioux City,ia
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    Good question.I think is what x company will do is tell your possible employer you've been off work and give the reason as well as tell them how long you actually drove for them.The right thing to do is call your employer and tell them you would like to resign before applying with other companies
     
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  10. RonPaul2012

    RonPaul2012 Medium Load Member

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    Jul 21, 2011
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    Cannot resign, they are my fall back. They denied Work Comp for fall, I decided not to pursue the issue and took State Disability and paid cash for Dr. etc. I can go back to driving for them, but Safety Dept and I had words a few times, as the manager lied about whether I reported the fall to him. Had to prove him wrong with email and cell phone bill, but like I said, they still denied the claim and I didn't pursue it. If I cannot find a decent driving job, I can go back with them, but I will be issued a crap truck and probably get the worst of the worst loads and hometime till I quit, if you know what I mean. That is why I haven't quit yet, they're my fall back option, if you could even call it an option. Additionally, they do a lot of furniture loads and you are required to unload or at least get the load to the end of the trailer, I have some nerve damage in my neck and really don't want to screw myself up any more than I need to.
     
  11. Dogbreath

    Dogbreath Light Load Member

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    Mar 6, 2013
    Eleva, Wisconsin
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    RonPaul2012:

    FMCSA requires that your former and/or current employer must reply back to any legally presented request within 30 days. The motor carrier will list your beginning to end employment period (in your case your entire employment period but with a note that you were injuried in Jan 2012). The must also disclose if you have been subjected to drug/alcohol testing and if you failed or refused testing.
     
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