I worked for Fabiano brothers for 9 months and they do not have me reported to DAC. I was a driver and they don’t have my info logged. I received a verbal phone call my services were no longer needed. No accidents, incidents, no red flags were made by this company. Still can log into their system and show my pay stub and my position as a driver. But how do I dispute it and going forward how do I know if a company reports your experience to DAC? And do they report your experience to DAC only after you leave the company? What good is my experience if they don’t report my experience until I leave if I’m looking for a new company to work for while I’m employed? Either if you have any info or insights let me know
Dac isn't required, and by far more companies don't use it than do. What will happen is the hiring company will call the old employer and get the dats from them. If they can't get ahold of them then worry about it. A lot of companies accept stuff like tax returns, logs, bol, etc for proof also. Just depends on the company.
What you said is correct. I think the OP is not giving that employer enough time. Let's assume that the employer is not reporting to Hireright/DAC or for that matter any of the like reporting companies. Further, let's also assume they have a single person acting as HR/Safety, (trust me, happens more than most know) and this person wears several hats and does not reply to the inquiries mandated by 391. 391.23(c)(3) points to part 386.12 to fix the problem. Right now all I can say is good luck finding a perspective carrier to take the time to follow those steps. For most people when they read parts 391 and 386 to them it is just gobbledygook. What it means is the prospective carrier that can't get a reply is supposed to call or email the FMCSA's closest service center and complain. The FMCSA will then attempt to contact that employer. What the FMCSA sends back is then placed in the driver's driver qualification file and this will satisfy 391.
FMCSA rules require they keep copies of your employment and they must provide reference to other carriers The Motor Carrier Safety Planner
Moose, it says 'should' not 'must'. Supposed to imply 'must'. "Prospective employers should report failures" See this is where people get all caught up on the regs. If we can not get a reply for confirmation of employment for an applicant, we have to document all attempts, all contact if there is any, and then take the applicant's word. The FMCSA doesn't require anything other than clear documentation in the steps to account for past employment. We have contacted the FMCSA a few times and they didn't do anything other than say "Document everything" and that was it. Actually no, the driver only has to provide the name/address of the company, the length of employment, and the reason for leaving, the rest of the information is not needed unless there is a special circumstance like SAP.
The problem with that is there are no real sanctions levied on carriers or their agents who choose to not reply. Thankfully this is not a bad or chronic problem, but it can be a PITA when a carrier shuts down. I have spoken about Arrow Trucking many times on these forums. I have spoken to several of their former drivers who went through heck getting employment information out of them.
The procedures laid out in that rule section is how the FMCSA recommends this is done. I do agree they are not using the words MUST. All I can say is I have seen this work. If the FMCSA is sitting on their butts and not doing anything take it up the chain of command! To be fair I have also seen where documented good faith attempts to make contact has passed an audit. People just need to understand violations of the DQFs found are PER violation. Getting sloppy with these files can cost $$$$$ after an audit as well as lots of overtime getting them fixed after getting a comply date!
You said you can still log in to the system, so take screen shots of all the information, especially the pay stubs.
Download a copy of every check stub and every W-2. You can send those to recruiters as proof of employment. I had to do the same thing for some companies I've worked for that are now out of business.