Fired from Werner over bad reference

Discussion in 'Experienced Truckers' Advice' started by nwtrucker, Oct 18, 2006.

  1. nwtrucker

    nwtrucker Bobtail Member

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    Oct 18, 2006
    Port Orchard, WA
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    Hello Everyone,

    I'm having a difficult time finding a new trucking job and I'm desperate for any advice. Here's my long, sad Werner story:

    I've been an auto mechanic for 13 years and it was starting to take it's toll on my shoulders and wrists, so I was looking for a career change. I've had a Class A CDL for about 8 years but I've never had a truck driving job or been to a truck driving school, only to help out my dad's logging company once in awhile, and my friend's construction company, moving equipment or hauling logs and material. A friend of mine was employed with Werner as a trainer and he suggested applying. I filled out the online application and I called them on the phone to get things moving. Werner required me to go to a truck driving school, and my friend was able to get me into the company paid school in Hastings, NE.

    I went to the school, passed the physical and the drug test, and passed the course a month later. I then went to Omaha, and went through the orientation and was assigned a trainer. I had my first trainer for about 3 weeks, and he had nothing but good things to say about me, and gave me good marks on my report. I took the paid time off, about a week, and then returned. I was assigned another trainer for another 3 weeks, and he also had good things to say, and gave me great marks. He was kind enough to recommend me to his dispatcher so I would be set up well with decent loads once I went solo. Both trainers I had were great, I couldn't have been happier.

    About a week before I finished training, I received a message to call my Student Driver Manager. They said they had a question on my job application. They said an employer of mine from about 4 years ago had a different account of why I left from the job. When I filled out the job app online, I said I was laid off, which was true. This employer owed me a lot of back pay, and we had been arguing about it, and he finally just laid me off without ever settling the money issue. I filed a lawsuit against him because he refused to talk to me about it. Werner called him and asked why I left, and he said he fired me for stealing tools and cash, and also for substance abuse. I explained to Werner that this was slander and merely retaliation for the lawsuit being filed. The employer never filed any theft charges or had documentation of a failed drug test. I have previous statements from this employer, and none of them mention theft or substance abuse. I offered these documents to Werner, but they declined, and I thought the issue was settled.

    I finished my 275 hours of driving training, and was dropped off in Dallas. I finished my computer training, and everything was looking good. After a day, they gave me a sold truck to bobtail to their terminal in Ohio. I completed that run, then they assigned me my own truck. I was getting that truck set up, when my dispatcher sent me a Qualcomm message saying that safety needed to see me before I left.

    I talked to safety, and they put me on the phone with someone in Omaha. They started asking all the same questions again about my job application and the bad reference. I explained to them again that the information was false and gave them the circumstances. They accused me of filing false information on my job application and fired me. They sent me home to Washington state on a bus that night, about a 2 1/2 day trip. I had to leave my brand new electric cooler behind, because I couldn't take it on the bus. I can pay to have it shipped home though.

    Anyway, so now I'm looking for a new job and keep getting turned down. I've never had a problem finding work in my life, and I have nothing but good references from my previous employers, with the one exception. I've had to take several drug tests over the years, and I've passed them all. I've never done drugs or anything like that. I have an excellent driving and safety record, and I have no problems handling a truck whatsoever. I only have the 2 months experience with Werner, and that's not enough for most trucking companies, plus I was fired so soon after being hired. I'm not sure what my DAC report says, I haven't received a copy back yet. I also requested all my employee files from Werner, but have yet to hear back. All the companies I've interviewed with so far are not willing to hire me because of what happened. They assume if something was bad enough on my job application that Werner fired me, that they shouldn't employ me either.

    So now what the hell do i do? I'm definitely suing the hell out my former employer for slander, not to mention the other money he owes me, and I'm trying to get everything documented and sent to me from Werner, but I'm not sure how helpful they'll be. I'm pissed at Werner too, for not listening to my side of the story, but I don't think anything could be done, they can fire people as they please. I asked for my job back, and they're supposed to review it, but I'm not holding out hope. If my DAC report has all this BS on it, then I suppose I need to have that amended somehow too. But how do I get a trucking job in the meantime? Anyone ever been through something like this? I don't want to get hired by someone, only to get fired 2 months later again because of this spiteful ex-employer. Any advice? Thanks in advance.
     
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  3. pro1driver

    pro1driver Heavy Load Member

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    Mar 30, 2006
    North East, USA
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    pretty much put this into a lawyers hands.........
     
  4. stranger

    stranger Road Train Member

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    Oct 10, 2006
    NC
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    Has Werner asked you to pay for your school?

    I believe these big companies fire people that have decent credit so they can collect the school tuition.

    Then they can get another recruit and start over again. If a few thousand people a year get fired, owing 2-4 thousand dollars, that is a lot more money than they can make off of someone driving.

    There is always someone waiting to take the fired persons place, but how many people are waiting in line to just give the company a few thousand dollars for nothing.

    Lets see, one thousand people get fired owing four thousand dollars. They expect to collect on at least 750 people.

    $4000.00
    X 750
    ------------
    3,000,000.00

    Yes, three MILLION dollars, for running a CDL mill.

    That is why they bring people in by the bus loads. They don't want all to make it through the first year. Just the ones who could never pay back the money any other way except to drive it out.

    That's a lot of extra money. How much more does it cost to train 50 extra people a week spread out over several training camps. They are going to train a certain amount of people to keep anyway, the rest is just free money.
     
  5. nwtrucker

    nwtrucker Bobtail Member

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    1
    Oct 18, 2006
    Port Orchard, WA
    0
    I haven't received a bill for school yet, but i'm expecting they will want me to pay for it since I didn't fulfill my 1 year contract. I'm not sure how much money they could make running students through school like you're theorizing. I've only heard of their one school in Hastings, NE. I'm not sure if they have any others. The Hastings school is only capable of handling about 18 students per month, and it's a community college so not all students will be Werner students. When I went there, I think there was 3 people that were not under contract by Werner.

    However, the instructors claim after a year only 2 or 3 students will still be working at Werner, for various reasons. That would leave say 12 students owing tuition at about $4k each, per month. That's $576,000 owed to Werner per year in tuition by students from that one school. I'm not sure what Werner actually pays the school, but I'm sure they get a discount. I also suspect they receive some sort of tax credit from the feds for sending people to school. They may get another tax credit for providing 275 hours of paid training.

    It took Werner almost 4 months to find a problem with my job app, from the time I applied, to the time I was fired. It sure seems strange that it took so long, and why would they hire me in the first place without checking my references first? I was fired right after I completed all my training, the timing sure seems odd. You may be on to something with your theory, i'd have to check it out more.

    They definitely made money off of me though. I trained a total of about 281 hours I believe, and I drove about 17,000 miles during that time, about 6 weeks, with 1 week PTO. I was being paid $325 per week for the first month, and $350 per week for the second month. Most of the money they pay to students is actually federal tax per diem. This is a federal tax credit that you normally would claim at the end of the year for working away from home. Werner has arranged with the IRS to pay it out weekly to their drivers. I'm not sure of the formula for students, but they pay $0.10/mile to drivers in per diem, up to $52 a day I believe. Most of my check stubs show either $246 or $287 per week in per diem. Werner only paid about $900 of my salary while I was employed, the rest is per diem from the feds, which totaled about $1500 for those 6 weeks. So anyway, it looks like it cost them less than $900 in wages to run a truck 17,000 miles, about 5.3 cents per mile, or $3.18 per hour, not too shabby.

    The school in Hastings, NE I thought was great. I really liked the instructors and I learned quite a bit, even though I had driven before and already had a CDL. They have a really nice dorm and cafeteria. I definitely enjoyed the experience. The two trainers I had at Werner were also great, I learned a lot from them in 6 weeks and they were just good guys to know. I have one of the guy's cell #'s, and he gave me permission to use him as a reference. Overall it was a great experience, aside from getting fired. I just hope to get a new job and move on.

    Werner can run their business as they see fit as far as I'm concerned, but if the trucking industry continues to treat drivers this way, someday I got to believe that these big companies will implode, either that or immigrants will be driving a large number of our trucks.
     
  6. keelady

    keelady Light Load Member

    I have been told by an owner operator who has trained people to drive his trucks that the government paid him $3,500 plus expenses to train a driver. Yes, these 'training' companies are making a killing on their revolving door training mills. $3,500 plus expenses from the government, added to $3,000 - $4,000 from the 70-80% of the students (rough estimate) who don't complete their year, and they get close to $8,000 per student who doesn't stay. Add to that the money they made from the loads that trainee ran and you can understand how these companies have such high turnover rates, lousy safety ratings, high insurance costs and still show a nice income to make their investors happy. Unfortunately, you hit the nail on the head when you said that these companies will need to rely on foreign drivers in the future. At the rate they are burning through qualified American drivers and blackballing them with DAC to keep them out of the industry, they will need to look elsewhere for 'fresh meat'. They are probably salivating at the thought of that day's arrival. Can you imagine how much more they will make on each foreign trainee when they can pay them pennies on the dollar vs. American trainees?
     
  7. earthbrown

    earthbrown Medium Load Member

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    Atleast in NYS it is 100% illegal for a former employer to tell a company calling for job history to tell the caller more than, "yes, joe smith worked here, from oct 2000 to january 2001." Beyond that is against the law, and can be grounds for a slander lawsuit.


    2 things.

    1. Get werner, to send you a letter detailing their conversation with former employer.

    2. Contact lawyer and get a suit going for slander.


    It is also 100% illegal to say someone stole tools, without a conviction to match. If you were never arrested and convicted for theft, they cannot tell them that....


    K
     
  8. The_Rev

    The_Rev Light Load Member

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    Aug 11, 2006
    Englewood, FL
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    That's correct. They can only answer Yes or No to "would you rehire this person" kind of a question. If the answer is No and the former employer says why, they violated labor laws. If, in this case Werner asks why, they also violated labor laws.

    I believe the other question they are allowed to ask has to do with drug testing. Whether or not they refused to take one or failed one.
     
  9. earthbrown

    earthbrown Medium Load Member

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    May 27, 2006
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    As far as I know you can ask anything, BUT the former employer is responcible for not giving anything.

    Eitherway try to get werner to provide you a written statement in reguards to ehat former employer said.

    K
     
  10. khop401

    khop401 Bobtail Member

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    Oct 2, 2006
    Springfield, Illinois
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    Read the fine print on the app you are signing ... you are giving them permission to ask just about any thing they want. The big orange was in the other day at school and the one page auth . if signed gave the rights to ask anything, credit check and and many other things and not hold them liable. One interesting entry is they are not responsible for any medical costs during your training even if your are hurt on the job. And you are not considered an employee until after training so no workman's comp.
     
  11. earthbrown

    earthbrown Medium Load Member

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    May 27, 2006
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    WERNER is not LIABLE, the former employer may be for telling them, unless the former employer has a copy of such waiver on file it is illegal for them to say anything.

    Furthermore, if they gave false or slanderous info it makes them liable for such info....

    For instance, if an employer sees you leave the job and fill your car with company property, they cannot say you stole unless you were arrested and convicted of the theft, a plea down from larceny would be sufficient defence for making statement, or if the cops recovered items, and company did not press charges.

    I worked in retail management for years, and we prosecuted many, but most simply got fired, most that got arrested pled down to very minimal charges.

    K
     
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