Question about the hiring process

Go to this thread and see if you get a picture in the 1st post...
https://www.thetruckersreport.com/t...hreads/makes-me-proud-to-be-a-trucker.422359/

this should make your day~!

 

i know the exact feeling. i was fired for vaping. no written nor verbal warning. i wasnt even allowed to go vape in my car anymore. they literally told me to "quit" and i felt it was none of their business. i was harassed and messed with the entire time i worked there. they actually told me to seek nicotine addiction treatment. they gave me no designated area to go and vape, not told to go across the street or anything like that. the jerk general manager also told me several times he didnt like the sugar in my lipton iced tea. i told him that while i appreciate your concern, its none of your concern.

the plant had NO HR dept just 3 jerk managers, they literally did whatever they wanted, changed policies however and when ever they wanted (they changed this stupid policy 3 times and never was it in writing). it was nothing more then a contest of push and shove and guess who lost. you can only push a person so far and they pushed me to the point of no longer caring.

i was a good employee otherwise. i went to work on time and did my job. the word is that the person they replaced me with is a terrible worker but gets under the desk.

the one occasion i was caught vaping was after hours. everyone else went home for the day. they left me in this facility every afternoon by myself. i literally was vaping when no one else was around no management, customers or anyone else. i was literally effecting no one.

they day they fired me there was no discussion, write up, verbal warning, suspension, no disciplinary actions at all. just met me out in the parking lot with the belongings from my locker. i told them to throw it away it ment nothing to me now. they told me they would not fight my unemployment. it took 7 weeks to collect it, again they lied they tried to fight it. with the way unemployment works in order to deny it you must have a record of disciplinary action, they had none. exceptions only for serous infractions like theft. i burned through all of my 401k's just to stay afloat.

i was literally treated like i committed theft. the only thing they didnt do was call the cops lol. god forbid my rootbeer, orange creamscile, or any other flavor offend them.

snowflakes. really makes me want to leave notices at other employers. i got treated like trash and disposed of.

 

Do a quick google search and you will see you are wrong. My post says some employers use your strategy for the reason you give. Cite your cases where an employer told the truth about an employee and were ruled against. Stuff like religion, race, etc are off limits, but the whole point of calling about a reference is to get the dirt.

I am not going to blow smoke up someones rear just to tell them what they want to hear. They asked a question and I will do them a favor by telling the truth.

If you give a bad reference you can be sued for two reasons: defamation ( lying) or discrimination. Look it up.

 

Nothing pleases me more to see truckers playing lawyers on social media.

 

It might be the answer you are looking for but unfortunately it is absolutely wrong.

As Ryan423 said, just do a quick search on Google for “what can a former employer say about you” or something similar and you will find they can say almost anything they want in most cases as long as it is true or their honestly held opinions when asked. Some states require your consent when giving a reference but I would be surprised if a company would hire you if you did not give that consent. Some states even have laws making the employer immune from liability for what they say unless it is not truthful.

https://www.monster.com/career-advice/article/what-can-employers-legally-say

Here's a state by state breakdown of restrictions of what can be said by former employers

http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter9-6.html

 

I am not beyond being wrong, but am not here.​

Incorrect!

Federal law prohibits nothing on this matter.

As outlined in the Nolo post that @Ubu beat me too, the states have few laws prohibiting the discussion of a former employee IN ANY WAY. In fact, most specifically do not prohibit the discussion of the employee by the former employer in any way, but provide the right of the employer to do just that. Just the opposite of what you contend.

Opening a defamation lawsuit is available to anyone; No special rules are given to an employee over any one else. And as always, the burden of proof is on the plaintiff, or employee in this case. As I pointed out in my previous post that you failed to quote entirely, that burden is high:

There are smart lawyers that do what they need to prove a case. But, running into a truck driver that has the means and the proof needed to hire such a lawyer is a whole other thing.

I guarantee there are many more trucking employers that are more afraid of a jay-walking ticket, then slaming a driver over the phone.

Well I am glad you are well advised, but a good portion of employers and managers cannot help themselves in getting a little payback on an employee that doesn't jump when they say so.

Don't forget what forum you are posting on. TTR was founded in response to a company that was formed just in order to blackball drivers. Way back in the 80's trucking companies could isolate themselves from the slander and lies they liked telling about drivers, former employees, by hiring a 3rd party company to assume the liability and to blackball and blacklist drivers for them. That company later became Hire-Right, DAC, and the USIS.

 

@Boattlebot ... the legalese in this thread is making my head spin, worse than the one before my nap with the missing picture!!

Did you ever hear from Roehl? Have you tried any other companies?

I'm totally not sure on the legal part. When my wife was a manager at Bob Evans, all she was allowed to say was date of hire and date of fire, regarding an employee. Then again, that was a few years ago. Not sure if it was just "corporate law," Ohio law, or ... ??? I'm staying out of the debate... the missing picture was enough for one day, man! LoL.........

 

They may say anything they want however as others have stated if its a lie then they could be potentially sued for defamation.

 

Anyone who tells lies about someone could be potentially sued for defamation. That has nothing to do with what a former employer can legally say when asked for a reference.