Swift and DAC

Here in the state I live in, no company say anything about you other than if you can be rehired by that company or not. Even if you ask your employer to say something good about you, in Washington state, they legally can not.

 

Trucking is a different animal.

 

Did you have your cb on?

 

1, Bullcrap. Most companies don't do more than hire/fire date, but there are no state or federal laws that prevent one company from telling another your truthful employment history.
2. Federal laws does state, however, a new company must do a background check. There are specific things that, again by law, have to be told to the new company. One is any failed drug tests, another is any safety performance history. Go look up 391.23
Here's a link. https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391

 

No I blew the fuse and haven't replaced it yet. Probably should since it's winter.

 

Yea any accidents reported to the state. If the employer contacts the other to see the performance history, they can only see if they were qualified or had any failed drug tests. Basically unless it was reported to the state, you previous employer can't say anything.

 

Show the law, because you are simply wrong. They don't like to because they don't like having to prove they aren't lying, but as long as they aren't lying they will win any lawsuit.

 

What if you just don't put the info down that you worked for Swift for say 3 months (& you have no accidents/ tickets)..?

 

Washington State.

RCW 4.24.730
Liability immunity—Disclosure of employee information to prospective employer.
(1) An employer who discloses information about a former or current employee to a prospective employer, or employment agency as defined by RCW 49.60.040, at the specific request of that individual employer or employment agency, is presumed to be acting in good faith and is immune from civil and criminal liability for such disclosure or its consequences if the disclosed information relates to: (a) The employee's ability to perform his or her job; (b) the diligence, skill, or reliability with which the employee carried out the duties of his or her job; or (c) any illegal or wrongful act committed by the employee when related to the duties of his or her job.
(2) The employer should retain a written record of the identity of the person or entity to which information is disclosed under this section for a minimum of two years from the date of disclosure. The employee or former employee has a right to inspect any such written record upon request and any such written record shall become part of the employee's personnel file, subject to the provisions of chapter 49.12 RCW.
(3) For the purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the employer was knowingly false, deliberately misleading, or made with reckless disregard for the truth.

 

FYI: Federal regulations preempt state laws.

I know from experience Swift will report exactly four things in response to an inquiry from a prospective employer: Your dates of employment, your failed drug tests if any, all your accidents whether preventable or not, and your eligibility for rehire.