Also, when someone dies, not everyone or any co. is aware of it. Social security is informed, and his bank if he has one. This is done by the funeral parlor. So, any employers will have his info as if he's still alive. The funeral parlor or the county if he has a paupers funeral, works with the county who issues the death certificate. I've looked up old friends from years back and found out they passed
Getting the Employment Record of a Deceased Individual
Discussion in 'Experienced Truckers' Advice' started by FrancisTRocha, Oct 4, 2023.
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tscottme Thanks this.
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Most likely you there will be a lot of pushback from the company, all they are legally obligated to do without a court order is confirm someone worked for them and that's it.
But there is a fundamental question, why would you need his "work" records? -
The reason why his employment, and more specifically his application packet is wanted is because the gentleman in question was an identity thief who abandoned multiple families, came to the States, adopted a false identity and somehow earned his CDL and worked as a trucker. We've been able to trace his living situation across the country in some time periods, even able to confirm a stint of homelessness on the west coast. But there is a huge gap in the years before he suddenly appeared as a working CDL driver. There is a desire to find out where he was living or previously working at the time. I'm not looking for personal identifying information or SSNs or anything private.tscottme Thanks this. -
Just a question, if he's dead and gone, does it make a big difference where he lived and what dates he lived there etc ? Or are you looking for birth kids who are alive that he fathered ?
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OK, I am a little hard on people who claim to be attorneys, so are you one or work as one, if you are one you will understand why I ask.
First, a few here don't understand the record retention requirements of the FMCSA, and it sometimes is puzzling to see some of the answers I have seen. This isn't a reflection of anyone.
Second the regulations (49 CFR 391.53), which you should be aware of are simple to understand. Many like me call the driver's records package the 'drivers jacket' and abide by the rules, meaning we carriers have to retain the records from application to three years past the separation date. Many go way beyond this but some the second that they can purge their records do so, and this sometimes makes employee verification difficult, it not impossible.
So here is an additional obstacle to your journey, if the person worked locally or for a third party as a temp, the temp agency would not have to retain the records more than the state requirement, and the FMCSA regs do not apply. There are many ways to layer this in order to drive a truck legally but without the need for record retention. Employment records can also be fudged, as you should know, many of these "white Volvo" companies do not keep much in records, many of them are in states that still have a high corruption rate and a few I know claimed they paid off people to get by.FrancisTRocha Thanks this. -
Last edited: Oct 13, 2023
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