Abandonment
 

A good friend of mine from my trucking class called me today. He drove for Stevens for about 4 or 5 months. Then he got pissed off at them and trucking in genral and left his truck at a truck stop and went home. After working as a security gaurd for the last 6 months or so, he now wants to get back out on the road. How hard would it be for him to overcome the black mark that I am pretty sure is on his record. He has no criminal history, accidents or tickets. Other than the abandonment, he would be an easy hire. Any company sugestions?

maybe a small outfit that does not use DAC

Better tell Barney he needs to hold on to his single bullet.

Re: Abandonment
 

:lol: :lol: :lol: That was a good one!! :lol: :lol: :lol:

Quite appropriate as well. More than likely a snowball has a greater chance of surviving in hell, than your friend has a chance of getting back in the seat.

More than likely...if he digs deep enough and grovels enough he may be able to find a bottomfeeder who will pay him squat and treat him worse.... But what's he going to do then? Abandon a truck again?

Tell him this: Get humble, call Stevens and "grovel" for another chance. If he can't do that..... tell him "to hold on to his single bullet"!

:P

That was TOO FUNNY!! If you want to help your friend, you might buy him some "Energizer" batteries for his flashlight!!
:lol: :lol: :lol: :lol: :lol: :lol:

abandonment carries the same red flags for a company as a DUI

You will have a hard time getting hired by any trucking company,...they hate it when a driver abandons a truck/trailer.
Hey,..I know how you feel,..I worked for Stevens as well, and I up and quit on them also,...but... I drove their equipment back to their Dallas location, and left the units in the safety lane inside the service garage. I also payed for the fuel to get it there.
As an adult there are certain things you do,...and things you don't.

He might want to pull a copy of his DAC and see exactaly what is says as far as that is concerned. Because of his abandonment he will probably not be an easy hire unless whoever he applies to does not use DAC, alot of smaller companies dont even know what that is.

Talk about a catch 22 in the making.

If he wants credit for his driving experience he is going to have to put down Stevens as a former employer. The company he applies to must verify all employment in the last 3 years. They also may choose to verify all driving jobs held in the last 10.

If he does not put Stevens down then he is a total newbie and if the company he applies to later finds out that he did not list Stevens on his application he will be terminated immediately for falsifying an application which will be another nail in the coffin of his driving career.

I find it quite funny when I see advice of this nature. "Find a company that does not use DAC." It does not matter folks. Your employment record is going to get out one way or another.

Weather they verify his employment isnt the issue, you can correct me if I am wrong but I believe that is all that is allowed under the law, is to verify your past employment, not to go into your past employee history. You might want to re-read my post, the only advise in there is to get a copy of his DAC and see what it says

As a carrier I would not touch this guy. Even if I were leased to a carrier and needed a driver to fill a seat, I would not touch him. I don't feel that I would be able to trust him to get the job done. I can't put a driver in a truck whom I don't know whether or not I can trust him. In the back of my mind would be that he might sell the load next time or get ticked off at a 4 wheeler and run over them. Unfortunately, he has shot himself in the foot. After some time passes, he might find a company who will give him another chance, but to be perfectly honest, I would prefer not having someone such as this guy in this industry. Truck abandonment hurts everyone. I recently saw a wrecker hook on to a Dart truck that was abandoned by a driver. They had to break into the truck before they could move it. They took it to their yard until the company could get someone to pick it up. The carrier will need to pay for the time the wrecker people spent, mileage and probably storage until it is picked up. In addition, the carrier will need to pay for someone to come pick it up and perhaps repair it before they can drive it. They will likely spend $2-3,000 or perhaps more, because this guy didn't do what was right. I think these drivers who abandon trucks should be prosecuted criminally. Unfortunately, that won't happen because the company gave the truck to the driver in the beginning.

They are allowed to ask if they would rehire the driver again. If they say no that's as good as a death sentance.

Due to the nature of the work, employers can give out a lot more information that just a yes/no if they worked there. Truck driving is considered a safety sensitive job and therefore a trucking company can pass on information regarding an employee's safety record, and like it or not truck abandonment is a safety issue.

In addition more states are passing laws that allow an employer to pass on information to people calling for employment references as long as the information is true and well documented.

BTW: There has never been a law saying an employer can not tell pass on information regarding a former employee's work record.

The reason many companies do not go into detail, outside of trucking, is they are afraid of being sued, and even if the company is 100% accurate it still costs them to go to court and prove they did not slander the employee.

Ok I've been corrected. I dont think because someone wont hire you back that would be the end of your driving carrer. Some companies think of Swift, JB, CR the same as alot of drivers do. I do believe that the only way this fellow will get a driving job is if he goes with someone, usually smaller companies, that does not use DAC reporting. He can try explaining it away on applications or cover letters but as soon as the word abandonment comes up thats just taboo and no one in their right mind would hire him knowing this

You mean this post where you said what is in bold?

Sure sounds like to me that you are saying that he would have a chance if he finds a company that does not use DAC services.

Actually any former employer under the law cannot give out any information as to why the former employee quit or the reasons. Unless its the federal govt. calling a trucking company recruiter looking for information about a former employee is not entitled to any 'security" information and no former employer should give that information out.
Where they will get you and this is legal is that when the employer you are applying to asks "Would you rehire this person?" and the former says "no" thats all the prospective employer needs to hear.

All the former employer can offer is dates hired/fired and if they would rehire.

Yes Uturn that is what I said, " Because of his abandonment he will probably not be an easy hire unless whoever he applies to does not use DAC" thats not advice its just a plain simple fact

I figured it would probally be a tough sell. He ordered a copy of his DAC, to see exactly what comments Stevens left on it.

Actually, a company is not under any type of legal law to NOT give out employment history information. They cannot legally slander a driver, but they can indicate work history including abandonment, accidents, late loads, misuse of company fund, policy violations, satisfactory, outstanding, etc. etc. That work history typically mirrors DAC selections.

Most companies offer up the work history; some will not. In the end, it's the companies choice whether they offer the work history to a requesting company.

What a company MUST offer is dates of employment and D&A information, providing the asking company has provided a signed release from the driver indicating they are allowed to release that info. That is the only info regulated by law.

And by the way, Stevens would have absolutely hit him with an abandonment if he left it at a truck stop.

And I am just wondering what part of it does not matter if he applies to a DAC using company or not. The company he is applying to still must verify employment information and when they call Stevens you can bet that Stevens will pass on the abandonment. :roll: :roll:

Yep thats possible :)

maybe your brother could take him under his wing, he must need some help at that retirement village :D

:lol: :lol: :lol: :lol: :lol: :lol:

True, Fredog!!

:shock:
But do you really think that a security guard who abandoned his truck can be trusted with a notepad or a pen??

I wouldnt give them to him right away, let him prove himself first

Previous employers CANNOT offer more information than what is requested. They also cannot give the reasoning for a firing. All they can say is "will not rehire"
If they give a reasoning for hire, its easy to cross that slippery slope into slander and if its just some HR dept that the prospective employer is calling, saying "joe blow was fired for abandonment" is actually a matter of opinion.

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..

And if the employer tells the truth....I guess they have to worry about telling the truth??

Slander....uh, no. Documentation provides otherwise. If someone who wants to allege "slander" and sue based on that allegation, it is a very difficult case to win, and the slope is even slipperier for the so called victim, particularly if they are falsely accusing another party of slandering them.

It all comes out in depositions......

BTW, there is far more than can be said than that required to be unsaid. Besides.....if I ever "terminated" and employee.... I gave them an employment endorsement that made them sound like "superman, and all the rest of the super heroes combined".... the caller got the point. Yet not once did I EVER say a single improper, slanderous or malicious word. :D

I just did my civic duty.

Inmate1557:

You are quoting these statements as matters of law; I have been an employer for over twenty five years, and based upon the advice that I have received from my attorneys (to the tune of $250. per hour, plus expenses, or even higher fees, in some cases!!) I know of no such laws.

Could you offer a decumented, credible source for your information?? Based upon our findings, The Truth is an absolute defense to allegations of Slander, Libel, and Defamation of Character.

In order to sue and win in a court of law, the Plaintiff/Complaintant must show that the Defense/Respondent made allegations and/or derroggatory statements "With knowing, wanton and wreckless disregard for the truth".

With the shifting in Judicial balances and temperaments over the past 25 years, laws and court rulings which restrict what an employer or a past employer may state about an employee or former employee have shifted considerably to the favor of the employer.

As a matter of policy, some companies will restrict what information they reveal about an employee or former employee; that was to avoid the cost, demands, and inconveniences of litigation. That veil of defense has now been successfully punctured by the courts, as companies have been successfully sued for failure to make certain disclosures that would expose the public at large to danger, or expose potential or future employers to increased exposure to monetary loss, or increased liability exposure.

Consequently, regarding the status and records of present or former employees, and in relation to responding to inquiries by prospective employers, more employers are revealing incidences and patterns of eggregious conduct that are properly documented and sustained by evidence.

Stevens wouldn't have too much to worry about by revealing the abandonment to a potential employer as long as the abandonment charge could be sustained by the preponderance of evidence.

your opinion on the matter of opinion has been duly noted and it is my opinion that nobody gives a :dung: but, that is only my opinion. I shall wait to hear from your attorney :mrgreen:

Fredog:

My opinion most certainally DOES MATTER, and if you do not believe me, or have ANY DOUBTS about that, then just ASK ME!!
8)

Fredog:
Useless:
My opinion most certainally DOES MATTER, and if you do not believe me, or have ANY DOUBTS about that, then just ASK ME!!
8)[/quote]



Fredog:
when I want your opinion, I will give it to you[/quote]

Useless:

AS IF!!! Fredog, I see what you are trying to do here, and I resent the Hell out of it!!

You are trying to make me look like an idiot in front of all these people who are following this thread...................

.........Well, I've got news for YOU, Fredog!!

I don't need YOU to make ME look like an idiot!! :P

I think you are confusing DAC with checking references. DAC limits what you may put in a drivers file. It is pretty much multiple choice. You can ask a former employer anything you want. The former employer can say anything he wants about the former employee. The reason so many employers are careful about what they will say is litigation, as someone else stated. I would have no problem telling someone who calls to check on a former employee the truth. If people don't want bad things said about them then they should do what is right. Abandoning a truck, stealing, etc., is not right. All you have to do in order to get a good reference is the right thing. If you abandon your equipment or steal from your employer, then I think that information should be passed along to a prospective employer. After all, if someone behaves in a certain manner once, then he is likely to do the same thing again. He will continue with the same behavior until he is stopped.

I am abandoning this thread, since I am unemployed at the moment I see no problems in the future

Fredog:
when I want your opinion, I will give it to you[/quote]

Useless:

AS IF!!! Fredog, I see what you are trying to do here, and I resent the Hell out of it!!

You are trying to make me look like an idiot in front of all these people who are following this thread...................

.........Well, I've got news for YOU, Fredog!!

I don't need YOU to make ME look like an idiot!! :P[/quote]




Well!! see if I try to help you anymore, you ungrateful""((*&%$%

Fredog:

My "Useless" opinions are what they are!!

Better be careful around here!!

Word has it that one of the mods just got back from K-Mart with a new flashlight, batteries, and a notepad and pen!!
The expensive one's too!! :D

Se ya' on the banned canned ham radio!!

Seriously though, Have a good run and a safe week!! :wink: