False Information in my employment record at company.

Discussion in 'Trucker Legal Advice' started by Grouch, Jun 27, 2017.

  1. Grouch

    Grouch Road Train Member

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    I have no respect for someone to make a remark such as you did. Maybe you are dishonest and would pull a "stunt" as you say, but that is below my dignity.
     
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  3. xsetra

    xsetra Road Train Member

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    My intent was not to doubt you, as I stated. My intent was to show you a question, you may have to answer to prove your innocence.

    Remove the emotion and read the words.

    Doesn't matter what I think or feel. I looked at your problem with no emotion.
    Your response is filled with emotion.
    I understand you think I was making a personal attack.

    My response was meant to open your eyes to other views, so you can defend yourself appropriately.

    Pulling a "stunt" that is below your diginity. Yep this statement may be true. Why is there an accident on your company record???
    Either it was an honest mistake.... Or... Someone with lesser dignity than you, has falsely recorded that accident. Leaving you to defend yourself, while trying to use a thought process you are not accustomed to using.


    You might also try to get your cell phone records to corroborate your location.
    Good luck.
     
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  4. bullhaulerswife

    bullhaulerswife Forum Leader/Admin Staff Member Administrator

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    You could apply at another company or if you know someone that owns their own truck, have them send a verification to your current company. If they are still reporting an accident, then it is still in your file. If it is, send a cease and desist letter to human resources with supporting copies of documents.
     
    NavigatorWife and Grouch Thank this.
  5. truckersjustice

    truckersjustice Light Load Member

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    From 49 CFR 391.23

    (h) The release of information under this section may take any form that reasonably ensures confidentiality, including letter, facsimile, or e-mail. The previous employer and its agents and insurers must take all precautions reasonably necessary to protect the driver safety performance history records from disclosure to any person not directly involved in forwarding the records, except the previous employer's insurer, except that the previous employer may not provide any alcohol or controlled substances information to the previous employer's insurer.

    (i)(1) The prospective employer must expressly notify drivers with Department of Transportation regulated employment during the preceding three years—via the application form or other written document prior to any hiring decision—that he or she has the following rights regarding the investigative information that will be provided to the prospective employer pursuant to paragraphs (d) and (e) of this section:

    (i) The right to review information provided by previous employers;

    (ii) The right to have errors in the information corrected by the previous employer and for that previous employer to re-send the corrected information to the prospective employer;

    (iii) The right to have a rebuttal statement attached to the alleged erroneous information, if the previous employer and the driver cannot agree on the accuracy of the information.
     
    Grouch and driverdriver Thank this.
  6. astright

    astright Bobtail Member

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    When my DAC report showed that I had two "accident/incidents" that never happened, I wrote to both police departments with all the information and asked for confirmation whether they had such information on their records or anything in reference to me specifically, name or drivers license number.

    Needless to say, the replies were that there were no reports from those dates and they couldn't find my name or license number associated with any accident or incident in their jurisdiction.

    The other information you need is to find out WHO gave that information to your company and you may need to contact an attorney that specializes in clearing up credit reports. When you find out who reported the incident, contact them or have an attorney contact them to cease and desist or prove it was you.

    I've been there. It took me 4 years and a lawsuit from two federal agencies to get my DAC report cleared.
     
    Last edited: Jul 10, 2017
    Reason for edit: Added info
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