hateful safety manager

[redman1330]

a past company tried to put that i stole fuel off the fuel card on my dac.after challenging this accusation thru the dac appeals process they were forced to remove this accusation.but instead a hateful safety manager has put "request personal contact" on my dac.now when future trucking companies call for job verification he is telling them that i stole fuel over the phone.I have tried to call ,sent e-mails,and tried to go up there to get any info on this problem but have gotten no response.is this legal what this safety manager is doing he seems like he is taking this personal and out to deny me a chance to work for the rest of his life please if anyone has any suggestions it would be appreciated

[Rev.Vassago]

No, that does not sound legal. What proof do you have that this person is actually doing this?

[redman1330]

I have tried to get on with other companies and they have told me that is the reason why i cant get on i also have went to two different orientaions within the last two weeks went thru the the whole hiring process and then was told at the last minute by the safety manager in his office this is why i cant be hired they talked to him over the phone gave his name and title

[Rev.Vassago]

I'd suggest you get a written statement from the places that didn't hire you as to the reason why, then take this to a lawyer. Somehow, I find it hard to believe that a company would base their hiring decisions on slander.

[chris1]

DAC has no code number for "stolen fuel". Code 961 is for un-authorized use of company funds. That can cover a wide range.

[redman1330]

thanks you are right.that is what was stated on my dac at first.i challenged that and they changed it to terminated "request personal contact"

[redman1330]

I know it sounds ridiculous but this is the only reason why companies arent letting me on.i have been driving for 5 years no tickets no accidents and a decent work history.even the recruiter pulled me over to the side and told me what this safety manager is doing is vindictive and that is the only thing that is keeping me from getting on with a reputable company.

[chris1]

Usually there are two sides to any story. Is there something that you're leaving out? (not trying to beat up on you)For someone to continue there must be a fair amount of animosity between yourself and him.
Unless someone is willing to back up the allegations in court, there is not alot that can be done. If you feel you're 100% in the right bring it up and explain you side before the prospective employer does.

[redman1330]

i understand you questioning this problem.but i promise this is the whole story i did not curse him out when i left or do anything stupid.even if i would have said something,i feel that this would still be wrong.as far as telling my side to prospective employers,the recruiter did ask me what happened before they sent me to orientations and i told the truth and they still sent me to orientations.i have been to two orientations within the last two week and passed with flying colors i was even given my driver id and truck number both times at the last minute the safety manager called me in the office and told me what happened.after i told him and said i explained the problem even before i got the bus ticket to get here his response was well sometimes we dont get info till the employee gets here.

[jonp]

I would first try and call the company and talk with this person to see why he is doing this. If that dosn't work tell him you are getting statements from companies you are being turned down by and are suing him for defamination of character and lost wages if he does it again. Then go over his head to the Vice-President or President of the company and complain or to the Personnel Department. I might try Personnel first. You might also try EEOC or the states employment commision to straighten this man out. All else fails then get a lawyer and go after him. If he took it off your DAC after you complained then that admits that he has no proof of what he is telling other people. Seems cut and dried for me.

[Rev.Vassago]

I'm curious what the circumstances surrounding the initial company accusation of stealing fuel are. Not the one from the safety guy, but the one from the DAC report.

Plus normally when a company is checking references, don't they contact human resources? Why on earth would they contact safety?

[Ridge Runner]

If what you say is true, contact an attorney and have HIM make the call posing as a trucking company. The attorney SHOULD know about the laws regarding the taping of phone calls. If the "safety man" does what you say he is doing then you have one hell of a case. :clap:




Ridge

[charged]

If what you say is true, contact an attorney and have HIM make the call posing as a trucking company. The attorney SHOULD know about the laws regarding the taping of phone calls. If the "safety man" does what you say he is doing then you have one hell of a case. :clap:




Ridge

That is your only option. You'll have taped evidence plus the HR where you applied might be made to testify of the contact they made.

[headborg]

If what you say is true, contact an attorney and have HIM make the call posing as a trucking company. The attorney SHOULD know about the laws regarding the taping of phone calls. If the "safety man" does what you say he is doing then you have one hell of a case. :clap:




Ridge


This is a great suggestion... you don't even have to have an attorney do it... just your local Employment Security Agent.. and she/he doesn't even have to record it. She/he can just file a report- that you can later take in to court. Open/shut case. Totally against the law.. what the "safety man" is doing.. pretty stupid too. Putting stuff like "personal contact requested" or "other-please contact" on a DAC. They are limited by law to saying-- Yes, we'll rehire or No, we won't rehire.

It's hard to believe the "safety man" is fielding these "employment verification" calls anyway. Usually, these are handled by trained Personal Department staff-- that know exactly what they can/can't say.

[SickRick]

a past company tried to put that i stole fuel off the fuel card on my dac.after challenging this accusation thru the dac appeals process they were forced to remove this accusation.but instead a hateful safety manager has put "request personal contact" on my dac.now when future trucking companies call for job verification he is telling them that i stole fuel over the phone.I have tried to call ,sent e-mails,and tried to go up there to get any info on this problem but have gotten no response.is this legal what this safety manager is doing he seems like he is taking this personal and out to deny me a chance to work for the rest of his life please if anyone has any suggestions it would be appreciated

A "past company" seems more like your MOST RECENT EMPLOYER - given that this on a DAC prevented you from GETTING employment, and the "personal contact request" after its removal continues to do the same.

Which gets around to the golden question; were you TERMINATED from this company or did you QUIT? Even if the "alleged theft" is untrue, there's quite obviously something going on here that you're NOT sharing with us.

In either case - a CEASE AND DESIST letter from an attorney to the PRESIDENT of this company, with a followup phone call FROM the attorney will probably clear this up - ASSUMING THE ALLEGATIONS ARE UNTRUE. As with any other PAST EMPLOYER - it is TORTIOUS BEHAVIOR for them to make SPECIFIC DEROGATORY COMMENTS about you - especially if they are UNTRUE (SLANDER if made verbally, LIBEL if made in print). A nastygram from an attorney should straighten them RIGHT OUT - especially in light of the fact that they were forced to remove the comments from your DAC.

If you are guilty of SOME OTHER CARDINAL SIN, and this is the excuse the company is using to save THEIR FACE - whatever went down may STILL come back to bite you in the glut's. The viscousness of this vendetta-like behavior against you makes me think there's still more going on here than meets the eye (so, were you banging the bosses wife/daughter/mistress/boyfriend or not?)...

This is about keeping DISHONEST or UNSAFE drivers OFF THE ROAD. If you're being blackballed for anything OTHER THAN SAFETY or THEFT issues, you probably have a legally actionable case against them - if you find an attorney that SPECIALIZES in employment law and he's hungry enough...

Rick

[redman1330]

thanks for your opinion.i was not banging anybody in the office(if you seen them you would see why)and i have had another job a major company as a matter of fact.but lets just say i did had a fallout with this guy,which i did not ,that does not give him the right to say what he is saying.this is the entire story why is this company deferring to him for a job verification i do not know but it is very frustrating to having to prove that these allegations are false. i am not leaving anything out of this story i am telling the whole situation

[golfhobo]

...is this legal what this safety manager is doing he seems like he is taking this personal and out to deny me a chance to work for the rest of his life please if anyone has any suggestions it would be appreciated

Shorten the rest of his life. ;)

[SickRick]

thanks for your opinion.i was not banging anybody in the office(if you seen them you would see why)and i have had another job a major company as a matter of fact.but lets just say i did had a fallout with this guy,which i did not ,that does not give him the right to say what he is saying.this is the entire story why is this company deferring to him for a job verification i do not know but it is very frustrating to having to prove that these allegations are false. i am not leaving anything out of this story i am telling the whole situation

If you were neither dishonest, nor unsafe - then the have NO RIGHT to slander or libel you. I'm just wondering what the hell you did, that this guy has such a HARDON for you.

If there is NOTHING, and you can CATCH THEM slandering you - you certainly have grounds for suit, and there is probably some federal/civil rights type statute they are in violation of also.

Again, a good reason to consult with an attorney that specializes in EMPLOYMENT LAW.

Rick

[LightsChromeHorsepower]

It's been a long time (decades) since I went through something like this. But if my memory is correct, what is happening to you is called "slander per se" by a lawyer. In this case it means that the burden is on the person making the statement to prove that it is true. It's not up to you to prove it's false.

You don't want to have anyone tape record anything. Have the call made on a speaker phone with others listening to corroborate the testimony of the person making the call. I screwed up when I had an employee tape the person saying stuff about me.

It may be hard to find a lawyer to take this on. You may have to pay a retainer. I would have the lawyer take it to upper management, well over the head of the guy making the statements. If you can't find a lawyer I would get someone to make the call in the presence of a witness or two, then go straight to upper management yourself.

[chris1]

The"safety manager" is within his rights to say that you were "suspected" of stealing fuel. What he can't say is that you "were" stealing fuel unless there was a conviction for the charge.
As you know it was fairly easy to have the un-authorized use of company funds removed fron DAC as there was no charge or conviction.

[LOAD IT]

Redman,
Can you tell us why the safety manager would be so adamant that you stole fuel? What was your fuel average while at this company? Be honest with us. Did you steal, sell, barter fuel that was not put into your company truck. Does this company do this to every driver that leaves them or is it just you? Either they have you confused with someone else or you actually sold the fuel. The computer doesnt lie and when the numbers dont make sense and your truck gets decent fuel mileage, then it drops then its good, then it drops, truck checks out fine. The problem is probably the driver stealing fuel. I hope you didnt do this, but if you did, remember that you reap what you sow. When you do find a job, be sure to have excellent fuel mileage so your company wont think that the safety manager was correct and that you are a thief. IMO, youre guilty. Fuel cost is one of the biggest cost a trucking company has and it is so easy for a company driver to get on the CB and sell 300 gallons for $150 and feel good about having $150 in his pocket to play video games, go to the bar, chase tail or whatever, then when they get busted and it follows them now he has a problem and feels like a victim. The owners of trucking companies feel like victims when drivers steal fuel and they cant prove it in a court of law, so it goes on your DAC, if you did this.

[Rev.Vassago]

Maybe I missed it, but I don't think the OP answered the question about whether he was fired from this job, or if he quit.

[Orangetxguy]

Another one of those stories, where so much information is missing.

It sounds like this is a small company, since the OP is saying that the "Safety" manager is involved in his DAC report and dealing with employment verification.

I seriously doubt any "Safety" personell from a medium to large sized company would be this involved, as they are just to busy with more important things.

If this is a medium sized to large com;pany...Then the OP needs to go way beyond this particular "Safety" person, and on to Corporate Management, to deal with his issues.

[GMAN]

I find it hard to believe that ANY company would accuse a driver of stealing fuel unless it were true. Stealing fuel is one of the dumbest things a driver can do because it so easy to catch them. Some of the ATA members are pushing for a national clearing house for those who test positive for drugs. I would like to see the same for those who steal from their company. If you steal from your company you should never be allowed to work in this industry again. It would git rid of a lot of trash in this business. Unfortunately, DAC has limited ways in which to report theft. Some are reluctant to put very much negative information in a drivers file due to potential litigation. I would like to see that changed. I don't know whether this poster is guilty or not. My instinct would be that he is guilty. I see no reason why a company would falsely accuse a driver of stealing unless it were true. If it isn't true then you can get a lawyer to file suit against them.

[chris1]

Easy to know that fuel is going somewhere besides the tank,fairly difficult to prove it. Had a truck that lost approx 50 gal everytime it was in town. Quick run past the drivers house and found he had a diesel PU and 55 gal drums alongside the garage.(full) Tracer chemical in the tanks when it was in the yard and i got a conviction for theft when the same was found in a drum at his house.