What can we do?

Discussion in 'Trucker Legal Advice' started by gjcarr03, Oct 5, 2017.

  1. gjcarr03

    gjcarr03 Medium Load Member

    304
    250
    Jan 16, 2014
    Texas
    0
    My husband tried the whole lease/purchase thing with Bruenger from October 2015 to February 2016. He left shortly after they changed to $1.10 per mile for all loads. It just isn't enough when you've got a family to support and a huge lease payment to make... Now Bruenger is putting an accident on the employment verification forms they are sending into this future employers! There's nothing on his DAC, PSP or MVR. So here's the scoop; back in December 2015, he was traveling through Oklahoma while empty and ran into some bad weather, making the roads extremely icy. In fact, it was so icy that a cop flagged him over to see if he was okay because he was going super slow. He ended up with a police escort, both in front and behind, for safety. They got to a really sharp turn, and even as slow as they were going, the trailer slid and sort of jackknifed. The cops were sliding all around, too, and when the one got out, he had to chase his car because it started to slide.

    Anyhow, my husband was able to keep the truck and trailer upright and there was no damage, no tow needed, nothing. After he and the cops checked to make sure all was good, he straightened her out and he and the cops kept on until the roads got better. My husband called it in while on the side of the road, just to let Bruenger know about it and everything was fine. Nothing to report. He even talked to the insurance just to make sure, and they said no claim needed because there was no damage anywhere. So that was the end of it. No word about it ever since.

    For the past two years, nothing was ever said by any possible employers about it, either. Until now. A possible future employer got back the verification form where they say he had an accident. So I'm guessing they just all of a sudden decided to start putting it on there as an accident. My husband is pissed because he's been driving for almost 13 years and that's the closest he's come to an accident. Reportable or otherwise. He takes great pride in his driving abilities. We've contacted Bruenger to figure out what's going on, why they are just now putting this on the employment verification forms, but no response so far. Like I said, his DAC, PSP and MVR are clear, so at least there's that when he's trying to explain it to these possible employers... It's just irritating. Anything else we can do to help clear this up?
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. CrappieJunkie

    CrappieJunkie Wishin' I was fishin'

    3,962
    18,325
    Mar 9, 2014
    In a van down by the River.
    0
    Have him explain it just like you did and companies might hire him. Issue is that when its icy he should have pulled over. Companies could that as being wreckless.
     
  4. gjcarr03

    gjcarr03 Medium Load Member

    304
    250
    Jan 16, 2014
    Texas
    0
    It was basically on a back road, on the way through to a little town, and there wasn't enough shoulder for him to safely pull over. It was one of those winter storms that just kinda sneak up on you. That's why the police officers escorted him through to find a safe place to pull over.
     
    KANSAS TRANSIT Thanks this.
  5. buddyd157

    buddyd157 Road Train Member

    13,439
    34,299
    May 25, 2017
    under a shade tree
    0
    just the mere fact your husband called it in to let them know all is good, is what nailed him. if there was no damage, no accident, he should have just said the roads were bad, and he was taking it slow...and nothing else.

    this will be on his personal file, the reason most likely why it is not on his DAC is that no tow truck was called out. it will be most likely considered an incident, that will stick with him.

    all he can do is explain it to future employers. best he nor mention the word jacknife.!!!


    he can ask the company to remove that, but if they have a recording of the call, they can use that against him.

    best of luck, and next time, NEVER mention something that didn't happen.
     
    silverspur Thanks this.
  6. pattyj

    pattyj Road Train Member

    22,474
    20,134
    Jul 19, 2008
    Sioux City,ia
    0
    I would say your husband did a good job keeping his rig under control.Moving forward tell him not to say anything about anything if there's no damage or ticket.Tell him to keep applying this one misshap shouldn't affect getting hired.
     
  7. gjcarr03

    gjcarr03 Medium Load Member

    304
    250
    Jan 16, 2014
    Texas
    0
    He's had other driving jobs since and this has never been an issue. Last year, before the job he currently has, he applied to a few different places and nothing was ever mentioned about it, so that's what really gets to him is that all of a sudden they are saying something. Why now? And the only reason he mentioned it to the company he was leased onto in the first place is because the weather made him late to pick up his next load, and the time spent trying to get straightened out made it a little worse. And we still have pictures showing the truck and trailer to prove they weren't damaged, as well.

    And the reason he was able to keep it under control is the years spent in the mountains of PA in the oilfield hauling water. Too many times he had to keep a tanker under control on a little one lane road going up or down the icy mountain roads with a cliff on one side and mountain on the other. :)
     
  8. pattyj

    pattyj Road Train Member

    22,474
    20,134
    Jul 19, 2008
    Sioux City,ia
    0
    He applied to other companies if noone will hire him then that probably is the reason.I wonder if Breunger is making the incident worse then what it is.
     
  9. gjcarr03

    gjcarr03 Medium Load Member

    304
    250
    Jan 16, 2014
    Texas
    0
    No, he's had other jobs since then and nothing was ever mentioned. But he's currently switching companies and one of the companies he applied to asked him about it. It's the first time any company, both currently and last year, has mentioned it. That's my point. It seems like they are just now putting it on his employment verification forms... Like I said, the fact that all his reports are clear helps him explain things, but it's still a pain to have to explain it at all and it just makes him mad because he takes great pride in his driving and his record.
     
  10. Gunner75

    Gunner75 Road Train Member

    5,701
    9,071
    Mar 17, 2014
    Jackson Center Ohio
    0
    Maybe call his former employer and ask them what they are telling prospective employers. I did that with tmc when they claimed i hit someone when i didnt
     
  11. buddyd157

    buddyd157 Road Train Member

    13,439
    34,299
    May 25, 2017
    under a shade tree
    0
    1) the other jobs may not have even called for a reference on him, all that is required, if i recall, is an "attempt at a call", or they went by his DMV and any PSP records.

    or since you say that he has HAD driving jobs since then, maybe they are fed up with inquiries about him? you know, like he doesn't stay put for long?

    so i get the feeling that his former employer already had that on him, not all of a sudden. at most from what i can think of is that if someone did call for a reference, maybe someone not in the know, only gave out his start and end work dates.

    2) all he had to realistically do was to tell them the roads are bad, and he is doing the best he can. that always worked for me.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.