Schneider dac report on owner operators

Hi, I have a question about if this is legal on what Schneider has done. I was an owner operator leased through Schneider, and due to certain circumstances, I needed to get out of the business. Well right when I found another job, the truck I leased through Schneider had to be put the shop for 3 weeks for a repair covered under warranty, and they knew about this. I went on and started working for a local company because I can't make no money with the truck in the shop and I was getting out of it anyway. Right before the truck was finished, Schneider terminated my contract and put on my DAC report that date when I left Schneider, even though I didn't run another load since putting the truck in the shop, and they put down that I was employed with them on my DAC (I was an o/o, independent contractor per Schneider). I may could have done things differently, but since I was trying to give the truck in the same condition as I got it just doing things right and avoiding being charged for repairs, in which I didn't. This has prevented me from getting a better paying job because it looked like I was working 2 place simultaneously, and I got logs to prove this.

Thanks

 

If the company believes Schneider over what you are explaining do you really want to work for them anyway?
To me it sounds like you dodged a bullet.

 

If you didn't terminate your contract with Schneider before you went to work for the other company then you really were employed two places at the same time. If the overlap was only a couple of weeks it seems like the new company ought to be willing to accept your explanation though. Especially now with everyone hurting for drivers.

 

If you were paid on a w2 then you were an employee and they can report to DAC but if you were really an independent contractor then they're delusional and you should tell DAC that as well.

 

What's wrong with working two places at the same time? Two jobs are prohibited since when?

 

The issue is that his truck was still under the authority of Schneider and carried on Schneider's insurance and may even have still had Schneider's numbers on the door, yet it appears as if he was carrying some other company's freight. The Hire Right report isn't going to go into detail about how the lease truck was in the shop and he didn't carry any freight for Schneider during that period. So prospective employers are going to worry that if he had had an accident both companies could have been sued. Authority is about establishing a clear line of responsibility and, when necessary, liability. Someone could pop up right now claiming that he damaged their property or something during that period.

The best practice is not to put yourself in a position where you will have to explain something because you might not even get the chance. Most trucking companies treat drivers as commodity labor, especially during the recruiting process.

 

DAC cover any employment, employee or contractor, by a carrier.

 

Maybe I've deeply misunderstood, but I was reading the truck was in the shop and he was working for someone else as a driver.

 

Yes, but part of the contract he signed with Schneider is that he must notify them of any work done for other motor carriers and if he is using his tractor to haul someone else's freight then there is a whole "trip lease" process where Schneider's dot number is covered up and he must use the other carriers' numbers.

The way it looks to Schneider is that he was using their authority to haul other people's freight. That's a big no no.

You also have to wonder why he got the truck repaired instead of just walking away. Three weeks of payments plus the repair bill is going to be way more than he'd get for returning the truck in pristine order.

 

He wasn’t using the tractor…… he was a company driver for someone else….

At least that’s how I read it