Is this legal?

Discussion in 'Questions From New Drivers' started by ajl72086, Aug 2, 2024.

  1. brian991219

    brian991219 Road Train Member

    3,000
    6,094
    Aug 10, 2013
    Lords Valley, PA
    0
    The previous employer has 30 days to respond to a safety and performance inquiry by any prospective new employer that you apply to. The new employer is allowed by regulation, although many do not, put you in service while awaiting this information.

    So, if they got something back from the previous employer that they were not expecting, then yes, they can terminate you for no longer meeting their hiring standards. Many companies will also terminate you if what you put on your application does not match what comes back from a previous employer.

    Lastly, if you are in an "at will" state they can fire you at any time without reason.

    The background investigation parameters are in 49 CFR 391 at this link
    Federal Register :: Request Access
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. skallagrime

    skallagrime Road Train Member

    3,853
    9,925
    Apr 10, 2012
    Indiana
    0
    Statistically the most reliable indicator of what you will break in the future is the things you broke in the past.

    If an incident was bad enough to rise to the level of getting fired for one of them, why would anyone else want you doing the same job in THEIR equipment?

    Im not saying you cant learn from the past nor that you dont deserve a second chance, but statistics are what they are
     
    Oxbow, Hatt91, brian991219 and 2 others Thank this.
  4. Ridgeline

    Ridgeline Road Train Member

    22,636
    120,608
    Dec 18, 2011
    Michigan
    0
    Before acting incredulous, what were these incidents? It would put things in context.

    As for it being legal, well ... not really a good thing unless it is a documented incident but it is open to discussion for a new employer by the former.
     
  5. okiedokie

    okiedokie Road Train Member

    13,401
    104,553
    Jun 13, 2011
    PNWET
    0
    That says it all.
     
    Dave_in_AZ Thanks this.
  6. wichris

    wichris Road Train Member

    4,437
    9,083
    Jan 17, 2011
    0
    Incident could be ripping down the side of a building with the tailspin.

    So name these "little incidents"
     
    tscottme Thanks this.
  7. tscottme

    tscottme Road Train Member

    You knew you got fired for an incident.
    You lied on your application.
    You wonder if getting fired again is legal?
    You are going to tell everyone you are the victim of trucking companies' bad behavior. Admit it.
     
    tarmadilo, Hatt91 and brian991219 Thank this.
  8. ajl72086

    ajl72086 Bobtail Member

    14
    12
    Jul 25, 2024
    Yulee, FL
    0
    Lol I didn’t lie why would someone put something that is not on their record.
     
  9. wichris

    wichris Road Train Member

    4,437
    9,083
    Jan 17, 2011
    0
    But it is on your record, just not on the MVR
     
    wis bang and tscottme Thank this.
  10. ajl72086

    ajl72086 Bobtail Member

    14
    12
    Jul 25, 2024
    Yulee, FL
    0
    Ok, so are you saying with three incidents no company would ever hire me
     
  11. wichris

    wichris Road Train Member

    4,437
    9,083
    Jan 17, 2011
    0
    What are the the incidents?
    Curbed the trailer and blew a tire?
    Drove across someone's lawn and ran over their dog?
     
    broke down plumber, Oxbow and tscottme Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.