False reporting

Discussion in 'Experienced Truckers' Advice' started by Jordysmash, Jun 14, 2021.

  1. ZVar

    ZVar Road Train Member

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    If that's the answer you want, then the answer is no one. Every company, by law, has to contact your previous employer in some manor to verify a list of things. Employment dates, drug testing history, all safety incidents, etc. If the company doesn't use a service, they will simply call and get that information over the phone, or email, or a website, or however.
     
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  3. snowwy

    snowwy Road Train Member

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    Read my post and pay attention to the key word. MEGAS
     
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  4. Jordysmash

    Jordysmash Light Load Member

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    gotcha. Appreciate it
     
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  5. snowwy

    snowwy Road Train Member

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    The only companies I'm aware of that use reporting agencies are the megas.

    And they don't have to call.
    Paystubs and taxes can also be used apparently.

    There ain't no way in heck I'm giving anyone permission to call my employer.
     
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  6. ZVar

    ZVar Road Train Member

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    Then they legally cannot allow you to drive. The background checks have to be done. @Moose1958 can read you the exact location of the regulations.
    Paystubs and the like only come into play if the attempt to contact the previous employee fails. The attempt 100% has to be made though. Heck even paystubs aren't in the regs, it's just used to help prove the failed attempt was just that, a failed attempt to verify.
     
  7. Moose1958

    Moose1958 Road Train Member

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    I'm not going to post the full regulation and I REFUSE to get involved with postering with things a driver will not do or will do. The relevant rules can be found in Part 391 subpart C.

    Because a carrier is following a VERY specific rule they WILL toss your application is you do anything to block their compliance with these rules. Of note is 391.23 (c) (1)
    (c)(1) Replies to the investigations of the driver's safety performance history required by paragraph (a)(2) of this section, or documentation of good faith efforts to obtain the investigation data, must be placed in the driver investigation history file, after October 29, 2004, within 30 days of the date the driver's employment begins. Any period of time required to exercise the driver's due process rights to review the information received, request a previous employer to correct or include a rebuttal, is separate and apart from this 30-day requirement to document investigation of the driver safety performance history data.

    and 391.23 (c) (2)

    (2) The investigation may consist of personal interviews, telephone interviews, letters, or any other method for investigating that the carrier deems appropriate. Each motor carrier must make a written record with respect to each previous employer contacted, or good faith efforts to do so. The record must include the previous employer's name and address, the date the previous employer was contacted, or the attempts made, and the information received about the driver from the previous employer. Failures to contact a previous employer, or of them to provide the required safety performance history information, must be documented. The record must be maintained pursuant to §391.53.

    391.23 (c) (3)

    (3) Prospective employers should report failures of previous employers to respond to an investigation to the FMCSA and use the complaint procedures specified at §386.12 of this subchapter. Keep a copy of the reports in the driver investigation history file as part of documenting a good faith effort to obtain the required information.


    and finally 391.23 (c) (4) (d)

    (d) The prospective motor carrier must investigate, at a minimum, the information listed in this paragraph from all previous employers of the applicant that employed the driver to operate a CMV within the previous three years. The investigation request must contain specific contact information on where the previous motor carrier employers should send the information requested.


    You do anything to block these inquiries the carrier CAN NOT place you in a safety-sensitive job!
     
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  8. Ridgeline

    Ridgeline Road Train Member

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    Well first it won’t effect your employment unless it is truly false or misleading.

    Any company that uses the data will give you a chance to explain if they are worth anything.

    I wouldn’t even look at it in the application process, may ask you about it but it is not important with those incidents.

    A lawyer should not take the case because if YOU admit to any of it, then it is called frivolous and is according to their canons a serious ethical issue.

    so here is a bit of advice …

    read carefully ….

    seriously

    just apply to different companies and see what happens

    Don’t worry about these things, with the amount of companies out there looming for drivers under this false drivers shortage, just apply.


    China can help you with the companies he thinks would be a good fit for you, but no matter what apply for the work because it ain’t going to be handed to you.
     
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  9. Moose1958

    Moose1958 Road Train Member

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    I'm at a loss about this comment. You report three incidents reported from your previous carrier and say all three are false? I could understand one maybe two over several years, but to have three false reports kind of stretches incredulity a bit. Then to add you can't find employment because they don't really add up. Without knowing more about the minutia of these so-called incidents I can't make any judgments. I am NOT saying you are telling a lie. I am just stating your comment does NOT make sense to me. Three separate false reports from a carrier are almost impossible. I would also add that if this carrier is submitting false reports on you they are doing so to other drivers. I am privy to a lot of the behind-the-scenes with a lot of carriers. Over time they can see what carriers to believe and the ones that have a history of blackballing. As @Ridgeline said (and I agree 1000%) keep filing applications, somebody will hire you!
     
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  10. Jordysmash

    Jordysmash Light Load Member

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    mad I stated in previous messages. There were 3 incidents. No one is denying that. They have very vague and misleading descriptions without full detail of what actually happened and 1 was from a state in which I have never been once in my life it was in the same state I live in and comes up as a double incident to employers. I disputed this through the reporting agency and the conclusion of the dispute stayed the same. So if I can’t get the information corrected by myself I need an attorney. Everyone thinks I’m just someone lying trying to get a pity party.
     
  11. slow.rider

    slow.rider Road Train Member

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    If that was your only question then you could have easily worded your origin post like this:
     
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