Fired from Werner over bad reference

Well, as I have said in other posts, that means nothing to a lawyer.

 

When applying for a job, do you have to put this guy as a reference or as an ex employer? I figure you shouldn't since the job was not related to a CDL job.

 

The prospective employer can ask anything they want, but any previous employer who gives out any other information besides the dates of employement opens themselves up to slander laws. What previous posters have said is true, unless you were convicted of actually stealing anything, they are slandering you if they say otherwise. You will notice that even when murderers are caught and confess, until the they are acutally convicted, they are referred to in the press as the accused murderer. Even with a confession, they cannot be referred to as the murderer because they haven't been convicted and could change their plea or claim a coerced confession. When you receive a copy of your DAC, if this employer put anything on it that says you stole from them, you can sue them for libel also, because it is in writing. The advice to try to get as much about what they said in writing is good, that will help make your allegations more than heresay. Werner may be unwilling to put anything in writing because that may open them up to legal action as well. Definitely check what Werner put on your DAC about why they fired you. If they put that they fired you for falsification of your application, they could also be open to legal action since you did not lie on your application. If they repeated the information given by your former employer, then they should also be sued for libel. Definitely have an attorney on this asap as a written request from an attorney may be answered by Werner more readily than one from you. They will want to avoid being pulled into this legal battle and will have a tendency to try to CYA. Good luck with this, I hope this all works out for you in the long run.

 

In Arkansas too, the law states that an employer can not say anything other than an employee was or wasn't employed there. And too, whether the individual was eligible for rehire. And THAT, by law, is all that can be told.

Anyway fella, you don't want to work for Werner anyhow.

 

WOW sorry to hear. Keep us informed how this ends.

 

Schneider is a decent company from what I've read on this and other message boards. But, make sure you get it in writing that they are aware of this situation and are still willing to hire you. Many companies -- Schneider included -- will give you a 'pre-hire' and send you to orientation. Once you are at orientation and have signed the release form, they will check references. You may be let go over this there also when they check you out. Make it very clear -- up front -- that this is a false entry on your record and you are working to clear it up. Hopefully, with you acknowledging this problem up front, they will believe you based on the other good references you have and hire you. But, cover your own behind -- you don't want another mark on your record that you were let go during orientation. Other than that, possibly you can find a local Owner Operator that will let you drive one of his trucks. It may not be the best situation, but at least you will be earning money and getting some experience. Good luck -- you are in a really tough situation here.

 

My advice? DON'T LET WERNER REHIRE YOU...you really don't want to work for them.

You'll be much happier with UPS...and once you get experience with them, you can go to a better company if you want.

The best thing you can do is stay away from the bigger companies like Werner, Swift, Schneider, etc.

Also, if the company that gave you a bad report doesn't report to DAC...then leave them off your application. There's no sense allowing them to control your future by creating drama with every job you try to get.

 

Amazing that they can put anything they want on your DAC though without violating labor laws.