What if former companies don't reply to prospective employers?

Read 391.23; (4) Exceptions thru (5) Exceptions.

I used to worry about how well I documented my attempts to get the information.

I've never seen a company stop using a driver until his former employer does provide the information.

and note that any carrier giving the required 3 years of driving. accident and drug/alcohol testing is granted immunity by the DOT. anything else may get brought to court.

When the DOT checked my files they used a check list and seem more intersted in the fact that there was something in the file that let them check it off the list instead of looking at how complete they were. I've watched auditors for insurance companies do the same thing.

I guess if the files are bad enough not following 391.23 would be added into the mix to jack up the fines.

One thing they did not do was not look for who did not respond in order to punish them.

If the number of files they asked for all had the stuff, I was OK on that area.

 

So all the character verification and other questions not pertaining to IF you worked there don't matter at all? If it's as cut and dry as that then why don't companies simply accept pay stubs if all they're looking for is proof that you worked recently? Seems like a bother to do anymore if that's all one needs. I only worked for two companies in my past driving career (many years ago) so bear with me regarding my in-depth questions (as I return to the industry) as many things have changed and I'm trying to find out exactly what's what regarding today's policies. Did you see the post by the driver who said he knows for sure he didn't get a few positions because of what past companies said? In regard to a lawyer, it can be near impossible to get one on a recovery-only basis for slander or libel, especially if the word is spoken (slander) since the company can simply deny providing a bad reference or saying ANYTHING against the character of a driver. It then comes down to burden of proof which is ALWAYS on the claimant to prove their case. How would you get a potential employer to testify that another company slandered you? I'm betting nickels to dollars the company wouldn't do it and simply provide another reason for why you didn't get the job. Even if the company DID testify the company you're bringing suit against would simply deny it so then it becomes a case of he-said, she-said (hearsay) and you have NOT proved your case. Lets say the potential company DID receive a written response (libel) amounting to defamation of character, the chance that they would go to court and testify on your behalf is slim to none ... why would they go to bat for a potential driver, someone they do not know, who was just provided a horrible reference by the driver's former or current company? The deck seems stacked these days and it doesn't seem like it's in favor of the driver.

 

The w-2 forms work just fine for proving your employment at another company. ou can also try to contact the IRS, if need be.

 

Hmm, that sounds odd. I'm pretty sure that your former company is full of awesome people. Well mostly person.

 

It's not actually that much of a problem, well I mean it happens but when it does everyone just thinks that the person that is supposed to respond is incompetent. They're probably right, it's not that hard to fill out an employment verification and fax it back.

As long as your PSP looks good and your DAC is horrible you'll land another gig.