FIRED!!! DAY 2 ORIENTATION

fishonron · Dec 10, 2019

buddyd157 said: ↑

if he cannot get that expunged, can he get his record sealed?
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It's the same thing...If you get a case expunged the conviction still exist, law enforcement and the courts can still see it and judge you by it.
It's only employers and other snoops that it's blocked from.

OOmcel · Dec 11, 2019

boneebone said: ↑

I’m surprised he was able to get a Hazmat endorsement, as the distribution of, possession with intent to distribute, or importation of a controlled substance is a disqualifying factor in the issuance of said endorsement.
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I got denied the first time that I applied. I had to file an appeal and explain my situation, how long ago it was, how remorseful I am and what I'm doing to make positive strides in society! Only then was I granted my endorsements. Everything should have some type of appeals process to in order to look deeper into each individual situation. Thanks for commenting.

201 · Dec 11, 2019

OOmcel said: ↑

I got denied the first time that I applied. I had to file an appeal and explain my situation, how long ago it was, how remorseful I am and what I'm doing to make positive strides in society! Only then was I granted my endorsements. Everything should have some type of appeals process to in order to look deeper into each individual situation. Thanks for commenting.
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Shows how thin the people are that make those decisions. I doubt they're angels themselves, yet can judge someone elses fate. Thing is with appeals, they probably have a million, and 2 people reading them. Sadly with those infractions cast in stone today, it may be a constant uphill battle. Kind of a kick in the gut for serving your country, huh? I'd hire you in a minute. There's industries that will appreciate your service better. In the trucking industry today, everybody is considered a drug addict until proven innocent. Real nice, hey?

OOmcel · Dec 11, 2019

tampadedicated said: ↑

Well, just my .02 from another Vet, thanks for the service sir......here's the problem:

Whoever processed your app dropped the ball.
Drug related offense are NOT a disqualifying event for getting a hazmat certification, because its NOT a disqualified offense for getting a CDL, they are mutual:

The following are commercial driver’s license (CDL) disqualifying offenses:

Driving a commercial motor vehicle while under the influence of alcohol. This shall include:

Driving a commercial motor vehicle while the person’s alcohol concentration is 0.04% or more;

Driving under the influence of alcohol, as prescribed by State law; or

Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of 167;391.15(c)(2)(i)(A) or (B), or 167;392.5(a)(2).

Driving a commercial motor vehicle under the influence of a 21 CFR 1308.11 Schedule I identified controlled substance, an amphetamine, a narcotic drug, a formulation of an amphetamine or a derivative of a narcotic drug;

Transportation, possession, or unlawful use of a 21 CFR 1308.11 Schedule I identified controlled substance, amphetamines, narcotic drugs, formulations of an amphetamine, or derivatives of narcotic drugs while the driver is on duty, as the term on-duty time is defined in 167;395.2;

Leaving the scene of an accident while operating a commercial motor vehicle; or

A felony involving the use of a commercial motor vehicle.

Hazmat Specific DQ's are:

Espionage

Sedition

Treason

Transportation security incident

Improper transporting of a hazardous material

Unlawful possession, use, sale, purchase, receipt, or dealing in an explosive device

Murder

Conspiracy or attempt to commit any of these crimes

The record being that far back, while is clear from the DOT/FMCSA timeline, unfortunately individual companies have the right to bar someone from being hired if they have that record at any time and there's not really anything to do about it because they followed the law. Its more of that company's internal policy.

Easiest thing to do, is to check before applying to a company and find out if "lifetime drug conviction=NO" is a disqualifier for that specific company. Most will deny any drug related offence in the last 5yrs, but there are a ton of them that say in last 10yrs, but with the ever increasing lack of desire for people to drive, they've mostly moved to a 5yr timeframe.

From a few folk I know that have gone through this issue, the unemployment office DOL/OSHA discriminatory practice route is a massive waste of time.
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Thanks. This is the reason why I put my convictions on all of my applications. I don't want to waste their time or mines. Being that this conviction happened so long ago, I thought that I may have reached some kind of good behavior threshold. Lol

OOmcel · Dec 11, 2019

"semi" retired said: ↑

Shows how thin the people are that make those decisions. I doubt they're angels themselves, yet can judge someone elses fate. Thing is with appeals, they probably have a million, and 2 people reading them. Sadly with those infractions cast in stone today, it may be a constant uphill battle. Kind of a kick in the gut for serving your country, huh? I'd hire you in a minute. There's industries that will appreciate your service better. In the trucking industry today, everybody is considered a drug addict until proven innocent. Real nice, hey?
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Yes even if you've sold drugs then you're considered an addict in some people's eyes. I don't put much emphasis on "serving your country " most employers only say that they hire vets because it's the right thing to do plus I'm sure there's some type of tax advantage. I am proud that I did 4 years in the Army while most of the decision makers were tucked away nice and warm in their college dorms. I have no regrets about some of my decisions in life good and bad as these are stumbling blocks for you to build on. Thanks for commenting.

201 · Dec 11, 2019

OOmcel said: ↑

Yes even if you've sold drugs then you're considered an addict in some people's eyes. I don't put much emphasis on "serving your country " most employers only say that they hire vets because it's the right thing to do plus I'm sure there's some type of tax advantage. I am proud that I did 4 years in the Army while most of the decision makers were tucked away nice and warm in their college dorms. I have no regrets about some of my decisions in life good and bad as these are stumbling blocks for you to build on. Thanks for commenting.
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Don't sell yourself short, pal, you did more for our country than some kid from Cuba with 6 months experience, and he got hired. Pretty crazy. I think our country's attitude towards infractions like yours are changing. Trucking will be the last, they're still too busy capitalizing on all the money it brings in. I'm not saying it's a washout for you. I drove for some cool people, but in the end, regulations won out and those guys are all gone, save for the last remaining ones that are here on this site. Best of luck.

OOmcel · Dec 11, 2019

fishonron said: ↑

It's the same thing...If you get a case expunged the conviction still exist, law enforcement and the courts can still see it and judge you by it.
It's only employers and other snoops that it's blocked from.
Click to expand...

I have it expunged and sealed on the state level but it's a different animal on the federal level. Thanks for commenting.

Trucking in Tennessee · Dec 11, 2019

70’Nova said: ↑

Pretty F’d up that you were upfront about the conviction and quit a job and got there and was fired. They should of never approved you if the conviction was a problem and you’d still have your old job. I guess if I were you in the future instead of quitting I’d take vacation time and make sure to make it through the orientation before officially resigning.
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It's almost impossible, but if you disclose all this and can A: prove it, or B: make them acknowledge IN WRITING you have made them aware of this things will go smoother for you. People in this business lie all the time because they have very little respect for truckers (and if you hang around a truckstop you know why).

Chinatown · Dec 11, 2019

Trucking in Tennessee said: ↑

People in this business lie all the time because they have very little respect for truckers (and if you hang around a truckstop you know why).
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Yeah, looks like lots of former plumbers that went to cdl school.

McUzi · Dec 11, 2019

OOmcel said: ↑

I have it expunged and sealed on the state level but it's a different animal on the federal level. Thanks for commenting.
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I’m trying to figure out where in the process your screening broke down. The company likely had you sign authorization for them to run a background check through a consumer reporting agency, right? As such, that means your bg check run from FX is subject to FCRA limits as well.

Were you being investigated for a compartmentalized clearance through DOD and THIS is what caused FedEx to do this?

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