Truck Driving Jobs

Rev.Vassago · #11 08-27-2009, 06:20 PM

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 · #12 08-27-2009, 08:23 PM

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 · #13 08-27-2009, 11:28 PM

Quote:

Originally Posted by 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

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 · #14 08-28-2009, 12:43 AM

Quote:

Originally Posted by 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

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 · #15 08-28-2009, 12:47 AM

Quote:

Originally Posted by 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

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 · #16 08-28-2009, 02:13 AM

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 · #17 08-28-2009, 03:21 AM

Quote:

Originally Posted by redman1330

...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 · #18 08-28-2009, 04:22 AM

Quote:

Originally Posted by 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

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 · #19 08-28-2009, 04:44 AM

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 · #20 08-28-2009, 10:44 AM

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.