To put an end to this argument....here is just one of the laws.
Yes and employer can disclose quite a bit of information about the drivers job performance. Like it was said, it just cant be slander. You can be sure that when any company calls them to verify his employment the abandoned truck will be mentioned...AND LEGALLY
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-13 Section 34-1-4, relating to employer immunity for disclosure
1-14 of information regarding employee job performance, and
1-15 inserting in lieu thereof a new Code section to read as
1-16 follows

1-26 (3) 'Job performance' includes, but is not limited to,
1-27 attendance, behavior, awards, demotions, duties, effort,
1-28 evaluations, knowledge, skills, promotions, and
1-29 disciplinary actions.



2- 3 (b) An employer as defined in subsection (a) of this Code
2- 4 section or any person employed by an employer and
2- 5 designated as the employer's representative who discloses
2- 6 factual:

2- 7 (1) Factual information concerning an employee's or
2- 8 former employee's job performance, any;

2- 9 (2) Any act committed by such employee which would
2-10 constitute a violation of the laws of this state if such
2-11 act occurred in this state,; or

2-12 (3) An ability or lack of ability to carry out the
2-13 duties of such job

2-14 to a prospective employer of such employee or former
2-15 employee upon request of the prospective employer or of
2-16 the person seeking employment is presumed to be acting in
2-17 good faith unless lack and shall be immune from civil
2-18 liability for such disclosure or its consequences.

 

You cannot give out the reasoning for firing a former employee, it can constitute slander and its a matter of opinion. Any smart FORMER employer will not risk a lawsuit and will simply give hire/fire dates and only say "yes" or "no" about rehiring.

What costs you incurred or whatever inconvienence you suffered is irrelelvent and does not need to be disclosed, unless you have more money than brains and liked to be sued for slander and defemation of character.

 

I just gave you the law right there....you would be wrong.
Not to mention that Im a recruiter and KNOW the laws about what can and cannot be said. Companies CAN AND DO DISCLOSE JOB PERFORMANCE INFORMATION WHEN WE CALL THEM TO VERIFY. Hell, I wish they didnt. I have drivers kicked out of orientation every week because of what their former employers told us about them.

 

That is incorrect. Companies can, and routinely do, give out job history information. This can be done even without a signed release from the driver. Drug and Alcohol info, though, cannot be given out without the signed consent of the driver.

Giving out job history information such as late loads, abandonments, unauthorized used of funds, etc. is not slander, as long as it is documented with the company. However, saying things like that without proper employee documentation, can and does become slander.

If it was actually a law that this info could not be disclosed, DAC services, DriverFacts.com, OEVS, Work Number for Everyone, and any and all other driver/employee information websites, would not be in business and there would be litereally millions of lawsuits pending against every company in the nation regarding disclosure of work record. Instead, there are only a small handful of lawsuits going on and those are aimed at companies that actually did slander the driver. That actually happens with far less frequency than people think and usually only with small mom and pop outfits that were angry they lost a driver.

 

:roll:
Once again, I look back at the decades I've spent as an employer, the years that my wife has spent as a high level HR specialist, the hundred of thousands of dallars (litterally) that I've spent in attorney's fees, and I see it was all a waste!!

I should have attended "University of Petro" Law School!! :P

 

he left the truck at a truck stop and found a way home, we had to incur the cost of recovering the truck, we terminated him for abandoning the truck, but hey, that's just our opinion..[/quote]


You cannot give out the reasoning for firing a former employee, it can constitute slander and its a matter of opinion. Any smart FORMER employer will not risk a lawsuit and will simply give hire/fire dates and only say "yes" or "no" about rehiring.

What costs you incurred or whatever inconvienence you suffered is irrelelvent and does not need to be disclosed, unless you have more money than brains and liked to be sued for slander and defemation of character.[/quote]

Inmate:

I have asked you repeatedly to cite these "laws" that you keep pressing. I have also stated what constitutes "Slander, Libel, and Defamation of Character.

I'm wondering if you even know the definitions or differences between these torts; do you even know what a "tort" is??

You are completely off base here, Inmate!!

 

You have obviously never seen an actual DAC report Inmate. Its all right there in black and white, hundreds and hundreds of times a day. You might want to send away for yours, you would be surprised.