Not Eligible for Rehire

Discussion in 'Experienced Truckers' Advice' started by Criminey Jade, Jan 31, 2015.

  1. oldtrucker66

    oldtrucker66 Light Load Member

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    Double Yellow
    You can sue (in small claims court) the internet service provider for damages. Claim they violated the Fair Credit Reporting Act.
    A cell phone company sent my false bad debt to two collections agencies. Damaged my credit score. I sued the cell phone company. They totally erased the bad debt from my credit files and restored my credit score. My credit reports have no trace of the incident.
     
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  3. oldtrucker66

    oldtrucker66 Light Load Member

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    Criminey Jade
    I attended an expensive seminar taught by labor lawyers that covered this subject.

    1 - A two week notice is not legally necessary. When you quit, you quit. You can offer to work a notice, but if you are in an "at will" employment state, no notice is required. There may be an exception in your employee handbook or if you have contract, especially a union contract. I understand many people want to leave in a classy way and not burn bridges. Not giving a two week notice is not a good enough reason for stating you are not eligible for rehire.
    You didn't post your "very valid reason" for not giving notice. What is it? You can be vague in answering if necessary. You may have a lawsuit or a regulatory claim. Or you may have leverage for getting to give you a positive reference letter.

    2 - "Not eligible for rehire" -- This is something a prior employer can say and have zero chance of being successfully sued. The attorneys told us we could legally give reference checkers two things and only two things: dates of employment and if someone is or is not eligible for rehire. "Not eligible for rehire" can mean something or nothing.
    We quickly figured out stating a former employee is "not eligible for rehire" is used as code language among hiring managers and human resources types as actually meaning "don't hire this person. I cannot tell you why, but don't hire this person."

    3- Suggestions. Get a copy of your former employer's employee handbook. Ask a fellow driver; do not ask a manager, and definitely do not ask human resources. Read it twice. Is there anything in the handbook covering your circumstances? Next, type the sequence of events in bullet points. Include important dates, including date of hire. Remove all emotion and feeling. Ask a friend or two to proof it. Take it to an attorney specializing in employment law. Do not go to any other type attorney.
     
  4. Criminey Jade

    Criminey Jade Road Train Member

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    The very valid reason was not being paid for any work I did after 12/21/2014. Then management kept me for extremely long periods of time in places where I shouldn't even sit 24 hours. I am talking half or more of the week, but still keeping me at garbage level by sending loads on Friday which can't deliver before Monday, so I can't even salvage my earnings. Over Christmas, I was sent a load for 120 miles which then had to sit for four days. They refused to allow me to take it as a same day service and then **** listed me for asking. I also repeatedly found out that the company brokered out good loads without sending them to me (I qualify for Customs, Canada, Recoveries, HazMat, AOG, High Value & Government so I should get EVERYTHING). 5 days in Memphis was the final straw. Two weeks without a paycheck. Down to my last $200. Calling for a load every single day. Dispatch acted as if I don't work for them anymore or they'd transfer me around a couple times before dumping the call. At that point, two weeks was impossible. My Amtrak ticket was $177 dollars. Going home as fast as possible made a lot more sense. As soon as I had a run to Michigan, I delivered the load and did exactly that.
     
    Last edited: Feb 1, 2015
  5. windsmith

    windsmith Road Train Member

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    Look at doing local work when you get home. Pays well, and you're home daily.
     
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  6. G.Anthony

    G.Anthony Road Train Member

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    I always tried to have at the very least, $200 in my pocket, but I always had "plastic". Never left home with out it, and used it for flights home, not Amtrak, and God forbid, Greydoggie. Did the flight home, but back in the days, no air miles rewards.!
     
  7. Criminey Jade

    Criminey Jade Road Train Member

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    I didn't have enough discount leverage to work the air miles. Add, I had too much to check. It would've cost four times as much to fly than take the train. Really, there's nothing wrong with Amtrak. It's just slower than flying.
     
    NavigatorWife and "semi" retired Thank this.
  8. BASARAB

    BASARAB Light Load Member

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    strongly disagree. My dad's boss hired a guy just based on the criteria you mentioned. After two weeks on the job he got lost with truck and the trailer. Police found him few days later being drunk on the truck stop, he already sold all the fuel he had, filled up another truck and took all the money from the company truck he could. This all could have been avoided if he checked his references.
    Another example. I hired a girl with no experience to work in my salon. My wife teached her everything and she has been working fine for a half year, then one day like half hour before her booked appointment, she freaking texts my wife saying that she wont come in, because she found some other job. When I called her, she would not understand what the problem was.
     
  9. Criminey Jade

    Criminey Jade Road Train Member

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    Valid point... But did you force her to run a truck OTR while withholding paychecks and brokering out loads? If play those kinds of games, you deserve to have drivers bail. They are there to make money. Looking cool in your truck only serves as compensation for so long.
     
    "semi" retired and Victor_V Thank this.
  10. BASARAB

    BASARAB Light Load Member

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    Well, your situation is different. Then again, there are drivers who just abandon truck somewhere, because they quit. Unfortunately its not just black and white situations...
     
  11. misterG

    misterG Road Train Member

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    Criminy, you might try looking into your states unemployment website. Many companies list openings and most of the time you don't need to be registered for benefits to access the site.
     
    Criminey Jade Thanks this.
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