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Old 05-06-2007, 09:55 PM
Anonymous
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Default werner screwed me bad

I was recruited out of a good 9 wk CDL school in so fl. I anwered No to have you ever been convited of a Felony, but told the recruiter that called me to go over my app. i had a Withhold Adjudication felony. He typed all info in the computer. They bused me to Lakeland fl I had to drive a rental to Dallas to get a trainer. I drove like a team 16000 miles 272hrs (3 short) thru 40 states, without incident. They promised me my own truck and 500 bonus when I reached 275 hrs. Then they terminated me for falsefying an application. Im not convicted legally of anything and was upfront with them. now companies tell me I have to clear my DAC report before they can hire me, How am I going to get the 1-2 yrs you need in this business Ralph
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Old 05-06-2007, 10:01 PM
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First thing I would do is to check with the court clerk's office in the county where whatever happened and make sure you do not have a file there saying you were convicted of something.

If that comes back clean then get a copy of your record or a notorized letter from the clerk's office saying that you do not have a criminal record there and then contact DAC and dispute the entry saying you were fired for falsifying your application. Werner then has to prove that you did.

It is pretty ignorant though for them to put you through training and then say that you lied on your application. That should have been done from the start.
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Old 05-06-2007, 11:50 PM
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Quote:
Originally Posted by Uturn2001
First thing I would do is to check with the court clerk's office in the county where whatever happened and make sure you do not have a file there saying you were convicted of something.

If that comes back clean then get a copy of your record or a notorized letter from the clerk's office saying that you do not have a criminal record there and then contact DAC and dispute the entry saying you were fired for falsifying your application. Werner then has to prove that you did.

It is pretty ignorant though for them to put you through training and then say that you lied on your application. That should have been done from the start.
I agree with Uturn.

That being said I did a check on a case "Withhold Adjudication felony" in this case it happened to be in regards to owning a firearm.
Quote:
Q. If you are charged with a felony and not convicted because adjudication was withheld, can you own a firearm?

-- Anonymous

A.

Federal law prohibits a person from possessing a firearm after a felony conviction in either state or federal court.

Whether a conviction has occurred in the case of a withheld adjudication in state court is a question of state law. According to Florida court decisions, the general rule is that if you pleaded guilty to a felony in Florida, it is considered a conviction even if adjudication was deferred or withheld, for the duration of the diversionary period. You cannot possess a firearm during this time period. To learn whether this rule applies to you and the crime at issue, your best bet is to consult an experienced Florida criminal defense attorney.

Once the diversionary period is over and the case is dismissed, you will not be considered to have a felony conviction. At that point, you should be able to possess a firearm.

Since other states may have different rules, readers outside Florida who are interested in this issue should consult an attorney in their jurisdiction. Possession of a firearm by a felony offender carries serious penalties and you should not make any assumptions without the advice of an attorney who is familiar with the details of your prior court case.

-- Jeralyn Merritt
http://criminal-law.lawyers.com/ask-...held-5973.html
I also found things changed big time in FL. in 2004 when a new law was passed. Seems the FL. courts were letting off to many cases by using "Withhold Adjudication felony."

Not knowing anything about your cases I can't say one way or the other why Werner took so long in taking their action. I suspect something showed up in a follow up after you were hired.

As Uturn said find out what is on your criminal record and then decided what action you need to do to clean this record.

kc0iv
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Old 05-07-2007, 03:26 AM
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did ya happen to check with wh trans out of wausau, wi. just be honest about it on your app. thats bull what werner did that to ya but from what i hear thats pretty common 4 werner to do crap like that.
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Old 05-07-2007, 04:35 AM
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Thank guys, but yes my probation was over, I mark my Applic. No to ever been convicted like the judge told me to. but was up front with Werner, and told them about my case before orientation. I think Werner was low on trucks there were 8 guys waiting at Lakeland terminal for the 2 days they made me wait to get terminated. plus I was owed a 500 bonus after delivering my first load. plus Govt pay for my training was due to stop, maybe thats the reason but they shoulnt screw up a mans DAC report. Im confident getting DAC rebutted but untill then I dont think a big company will hire me
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