What can a previous employer tell a new company

Discussion in 'Questions From New Drivers' started by Mototom, Mar 3, 2020.

  1. Moose1958

    Moose1958 Road Train Member

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    It's sad to say, but I too think it is folly to turn in a notice. Yes, there are examples of times when you should. However, with these large carriers, a driver is just a number and a resource to exploit. If you say you are leaving in two weeks they will just tell you to go now. Yes, most might try to see what the problem is, but if you still say you are leaving they will just tell you bye now!
     
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  3. TruckChicken

    TruckChicken Light Load Member

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    Other than drug and alcohol testing information no carrier is required to give any further information.
     
  4. Moose1958

    Moose1958 Road Train Member

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    Part 391.23 says differently. I suggest you read it before making any further comments like this one. I linked to it.
     
  5. Moose1958

    Moose1958 Road Train Member

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    I'm also taking note of your choice to use the word Required. I don't think there is any specific requirement for a carrier to reply to much of anything per se. However, based on a lot of other parts of title 49CFR a carrier can lose their operating authority if they stop complying with these rules as required by 391.
     
  6. WesternPlains

    WesternPlains Road Train Member

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    Absolutely they can slander/libel you.
    I worked for a wonderful company. But the safety department was a joke. Refused to give me dash cam video so I could defend myself against a bad ticket. I quit. Called him a Barney Fife.
    I only found out from present employer. They took an incident of attempted insurance fraud at a cold storage facility. Put it on HireRight as: A Preventable Backing Accident. And all the evidence I gave them in pictures. Along with their dash cam video. With this idiot shooting his mouth off to the cops. He should have gone to jail for insurance fraud.
    But no.... Safety had to get back at me..,
    All some of these people can do is destroy.
     
  7. Moose1958

    Moose1958 Road Train Member

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    I have a go-to guy that I can call sometimes when I need to better understand something. I just had a quick phone conversation with him and this was what he told me. Go look at the questions in the guidance section of 391.23. I did!
    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. See §382.405, however, for requests pertaining to drug and alcohol records

    I did make a mistake in my post #14 and this guy corrected me. He said yes a carrier can lose their operating authority, but in real life they most likely will lose a court case first. That caused me to open my eyes a bit. A carrier that withholds information requested by another carrier under 391.23 and this causes a fatality or otherwise a problem because an unqualified driver is allowed to drive? The said carrier can be held liable for damages AND if they continue to do so the FMCSA might take action if they get enough complaints made under 386.12. I do not recommend a carrier refuse a legal request for this information, also a further question is why would a carrier want to refuse to provide it? I would also be so bold as to say any carrier that did refuse to provide this information is running mostly illegal to start with. In this case, they have many more problems other than 391.23 compliance.
     
    Last edited: Mar 3, 2020
  8. scott180

    scott180 Road Train Member

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    Give two weeks notice and then you better hope that you are by the terminal you want to be at when they tell you to hand your keys to another driver. You could be 1000 miles from your home and need to figure out how to get home with all your stuff. A friend had that happen to him. Luckily it was close to me and I was able to get him home only 5 hours away and get my but back home in time for me to go to work the next day. Be careful.
     
  9. Milr72

    Milr72 Medium Load Member

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    That's a bunch of bull! That's my opinion anyway! Of course I don't have that much experience with all the mega's. In 42 years of driving I only worked for 5 different companies. 2 of them were what you would call mega's.
     
    Last edited: Mar 3, 2020
  10. Moose1958

    Moose1958 Road Train Member

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    I do think in some limited circumstances a driver should give a notice. As I said before with the large carriers you are a number. You quit and they will have a warm body in that truck soon after.
    I do recommend never turning in a notice while out. Make sure to be at your home terminal or where you can maybe one way rent a car to get home.
     
    Last edited: Mar 3, 2020
  11. FoolsErrand

    FoolsErrand Road Train Member

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    Id give notice at home terminal the moment i handed them the keys after my tractor was empty and POV was full.
     
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