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Thread: What can your Carrier disclose about you?

  1. #1
    greenwheeler is offline Rookie
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    Default What can your Carrier disclose about you?

    I am trying to move on from a really bad choice in carriers.
    Nearing my six months I want to apply to another carrier. I was involved in a minor fender bender in that time but had it dismissed so it will not even show on my mvr record.
    In following company policy I reported two very minor incidents to safety (for which I have been called a fool for even reporting by several co-workers) only to find out from safety
    that they have them entered as preventable. Regardless of a detailed explanation that there was no way to avoid them outside of an even worse outcome.

    Safety has informed me that these two will not be on my DAC. My concern is if they disclose this to a carrier that I apply to as preventable that will total 3 preventable and will shut
    me out and prevent me from reapplying for a set time.
    These other two were as follows: A three inch round hole punched in the outer skin of a trailer when I got into a tree branch in a turn after an oncoming vehicle in the turn changed
    lanes at the last minute causing me to tighten the turn. The branch snapped and popped the hole.

    Second was the omission of customer will meet you at Lowes for deliver on my trip sheet. Turned out to be a residential address at 1:30 am on a dead end road off a tee intersection.
    Had to back 1/4 mile out an avoid putting trailer tandems on adjacent property to get out, putting right front plastic corner section of bumper into a berm on corner and pulling it off.
    At the time I didn't know I could repair this myself so I reported it. I later did at no cost to company and on my time. No police report required for either incident no tickets etc.

    Safety has informed me that any incident that causes the company to incur repair costs or property damages is entered as preventable.
    The hole in trailer no more than two strips trailer repair tape maybe six inches long. the bumper zero cost to them.

    Can they legally disclose this information to a potential employer? I thought there was a privacy law that limits them to conformation of employment period and would they consider
    for rehire. These are not by any means near any reportable damage amounts in any state. Just wondering if there is any exemption rule for trucking companies that allows disclosure
    of something like this. searched the internet but have found little more than the a for mentioned rule.

    This carrier has a very high turn over rate and believe they may use these company records as a tool to prevent you from moving on to something better.
    Trying to get them removed but since I mentioned I was looking to move on the head of safety has yet to return any of my calls on the matter.
    Sure sign they intend to give it to me in the colon. Ouch!

    Looking forward to any thoughts or links to what my legal rites are on this.

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  3. #2
    Fozzy is offline Senior Board Member
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    Yes, they have every right to report these depending on what the other company asks. If the other company asks about preventable damage to equipment, they can (or could possibly not) disclose this. I have been through this process several times with drivers who always seem to think that small amounts of damage is somehow automatically absorbed by the carriers. Everything that costs to get repairs and was not the fault of the carrier or not the fault of a third party who can be charged is the fault of the driver. Best of luck, but you may have some trouble with this. Some companies WILL report all of this.. and some will just let it be,, you really have no way of knowing even if "someone" tells you that it will not appear anywhere.
    Last edited by Fozzy; 01-01-2012 at 01:44 PM.

  4. #3
    greenwheeler is offline Rookie
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    Yeah I understand what your saying, but given the level of damages this carrier incurs for no other reason than they hire inexperienced divers and can't hold them because the cpm and
    poor dispatch. my incidents are like a pebble in your shoe in comparison. I'm talking rolled trucks, trailers with no roofs from nose to tail a plenty, and fatalities.

  5. #4
    Fozzy is offline Senior Board Member
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    Quote Originally Posted by greenwheeler View Post
    Yeah I understand what your saying, but given the level of damages this carrier incurs for no other reason than they hire inexperienced divers and can't hold them because the cpm and
    poor dispatch. my incidents are like a pebble in your shoe in comparison. I'm talking rolled trucks, trailers with no roofs from nose to tail a plenty, and fatalities.
    They are exactly the same on the books and to the insurance and or leasing companies. They all have to be justified and or paid for when they happen or later. There is no such a thing as "free damage". I mean if someone backs into your new car in a parking lot, and doesn't completely cave the side of your new car it and it can be made "serviceable" with some spiffy tape.. would you simply let the other driver off the hook and be satisfied?

  6. #5
    GMAN's Avatar
    GMAN is offline Administrator Board Icon
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    Some carriers will report whatever is in your driver file. Some are careful about what they will report due to potential litigation. Accidents don't just happen. Having two accidents in such a short time will raise some eyebrows, if your carrier reports them. I have received faxes from other carriers to check driver employment. Some only want the dates of employment and whether they are subject to rehire. Others have asked about accidents and get into more detail.

  7. #6
    Musicman's Avatar
    Musicman is offline Senior Board Member
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    You can always apply to other companies, but I would be prepared to stay where you are at for a while. Swift, or wherever you are at now shouldn’t terminate you because you are looking for another job. A large carrier like that shouldn’t even notice that you are trying to leave. At least you have a job, and in today’s economy that is at least something. So many drivers these days are looking to job-hop at the first sign of trouble. Remember that, death notwithstanding, all things in life are temporary. If you are able to pay your bills where you are at now, there should be no big rush to move on: just stop hitting stuff.
    "The Breakfast of Champions isn't cereal, it's the competition!" - "Success is how high you bounce when you hit bottom." - "An appeaser is one who feeds a crocodile, hoping it will eat him last."

  8. #7
    astright is offline Rookie
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    Actually, the only thing an employer is legally supossed to report if another employer contacts them is your dates of employment and whether you failed or refused a drug test. Accident information is reported to Hire Right and the prospective employer will get that information from their request to DAC services. If your past employer gives information other than dates of employment and drug test information, you can probably file some kind of law suit against them.

  9. #8
    abby is offline Rookie
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    "Actually, the only thing an employer is legally supossed to report if another employer contacts them is your dates of employment and whether you failed or refused a drug test. Accident information is reported to Hire Right and the prospective employer will get that information from their request to DAC services. If your past employer gives information other than dates of employment and drug test information, you can probably file some kind of law suit against them."



    Really? Not what I've been told & experienced. So please tell me where I can find an employment law statute where it is stated that a previous employer is legally bound to only inform a prospective employer of your employment dates and drug test results. I'd really like to know. Thanks.

  10. #9
    cdreid is offline Board Regular
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    Get a copy of your Dac and send in the explanations you just wrote down they'll be right there on your dac. And be upfront and honest with the company. No sane company would turn you down for those. That isnt what they are looking for re preventables. You can literally get a preventable for putting your tire in someones yard (as you seem to know). Literally no sane company is going to turn you down because of those... sh*t like that just happens (hopefully rarely) especially when you run hard and are actually OTR.

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