Past employment verification

Discussion in 'Experienced Truckers' Advice' started by jon69, Jul 1, 2020.

  1. jon69

    jon69 Medium Load Member

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    What can I do if a past employer refuses to provide employment verification to a prospective employer?

    Don't they by law have to give that info since drivers fall under Federal guidelines?

    Would filing a FMCSA complaint help?
     
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  3. ZVar

    ZVar Road Train Member

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    The new employer simply documents the failure to respond and move on. If they don't want to do that, that's their decision and has nothing to do with the old employer.
    I.e. they don't have to have that information, they just need to attempt to get it.
    From 391.23(c)(2)
    (2) The investigation may consist of personal interviews, telephone interviews, letters, or any other method for investigating that the carrier deems appropriate. Each motor carrier must make a written record with respect to each previous employer contacted, or good faith efforts to do so. The record must include the previous employer's name and address, the date the previous employer was contacted, or the attempts made, and the information received about the driver from the previous employer. Failures to contact a previous employer, or of them to provide the required safety performance history information, must be documented.
     
  4. buzzarddriver

    buzzarddriver Road Train Member

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    You could provide past W-2 forms from the employer who refuses to reply. That is enough to satisfy employment.
     
  5. Dockbumper

    Dockbumper Light Load Member

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    ^^^^^this^^^^^
     
    staceydude Thanks this.
  6. jon69

    jon69 Medium Load Member

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    I have those.

    However the place I am applying to wants to talk to the company itself.
     
  7. Dockbumper

    Dockbumper Light Load Member

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    It sounds like THEY are going to have to sort it out. You have done everything right on your end apparently. Just speculating.......this may be a Red flag about your prospective employer. Did your previous employer give YOU a reason why they refuse to verify your prior employment? Sounds kinda weird to me. Good luck!
     
  8. ZVar

    ZVar Road Train Member

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    It's definitely a problem with the new company. I mean what do they do if a previous company has gone out of business?
    I've also had a (non-trucking) company not give employment dates to new employers not because he's an ahole, but simply too lazy to look up the dates.

    No, the new employer is the one causing the problem, and like mentioned above you have to wonder what else they get wrong and how that will effect your employment there.
     
  9. jon69

    jon69 Medium Load Member

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    Since we live in a litigious (I know that's a big word for truckers- if you are having trouble with it just look it up) society, I always look at the legal side and if there is a chance of a lawsuit.

    Just like these cars that shut their lights off and ride in your blind spot for miles hoping you will change lanes and hit them, a trucker needs to think 'How can I sue? How can I make money?' or 'If I'm getting screwed here and there are laws in place to prevent this, yet someone does it to my disadvantage, can I sue in the court of Law?'

    Which is why I asked if by Law, that information needs to be furnished when requested. I'm talking about past employment verification. If I can prove that I could not get employment because certain information required by Law did not get provided, wouldn't I be able to sue for monetary damages?

    Just a thought...
     
  10. Long FLD

    Long FLD Road Train Member

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    Since your prospective employer can simply document the attempts they have made to contact your former employer and move on with the hiring process but are choosing not to I’d say you’d have a hard time suing your former employer because they haven’t done anything wrong.
     
    ZVar Thanks this.
  11. kemosabi49

    kemosabi49 Trucker Forum STAFF Staff Member

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    Your company had no legal requirement to provide prospective employers this info.

    From the FMCSA:
    Question 1: When a motor carrier receives a request for driver information from another motor carrier about a former or current driver, is it required to supply the requested information?

    Guidance: Generally no.
     
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