The previous company that I drove for has reported the following:
* Driver Re-hire: Rehire upon review.
* Reason for leaving: Discharge
* Job Performance: No Show

This sounds kind of weird to me, but it is preventing me from being able to get a job with anyone.

The story behind this is that I sprained my left knee, and I ended up going back to my home state so I could get it checked out and so I could recover at home. While at home, I went to a medical examiner that was requested by the company that represented my employer.

Keep in mind that all the people (Employer's Rep & Doctors Involved) had my correct address. However, my employer tried to send me FMLA paperwork so I could go on medical leave.

I never got the paperwork, and they said that the address I had was invalid. I had my old address forwarded to my new address, and it kept getting returned according to them.

Needless to say, they fired me because I did not fill out the FMLA paperwork (however if I don't have the paperwork, I can't fill it out), and it is my opinion, it should have been laid off or quit instead of discharged.

Has anyone run into this problem where it sounds like you are possibly employable with the company yet they put a no show on your DAC?

I really could use some input and help. Oh, and as a side note, I have gotten in touch with the National Labor Relations Board to see if I can't get what they said resolved.

How long were you driving for them? Your responsible to keep in contact with the employer.

I was working almost a year with them when I was injured. Even after the injury, and I was still in regular contact with them up until December where I would get in contact with them every other week, but either way I was still in contact with them. It actually got to the point where they would no longer return my phone calls.

One thing I would like to add is that my work history with them is spotless (2nd time around with the company) and I never had any problems with them up until this point.

What does FMLA have to do with it? That covers a leave to care for a family member,not yourself.
Were you hurt on the job? If your injured on your own time there is no requirement to take you back. There is no heading in DAC for not working due to personal medical,only work comp so no show may have been their determination per company policy.

I was actually hurt while in the truck. Between clutching, climbing in, and climbing out it caused a knee sprain. I did check Us Department of Labor FMLA guidelines and this is what I was able to find.

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:
the birth of a child and to care for the newborn child within one year of birth;
the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
to care for the employee’s spouse, child, or parent who has a serious health condition;
a serious health condition that makes the employee unable to perform the essential functions of his or her job;
any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or

Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness who is the spouse, son, daughter, parent, or next of kin to the employee (military caregiver leave).

I will have to see if I still have their company policies. I am just perturbed because of the fact that they are classifying me as "no show"... Does this qualify as a serious health condition as it makes me unable to perform my job.

Thanks for your response!

A knee sprain would not fall under a serious health condition. If it's a job related injury as you said then FMLA would be a moot point. You didn't say how long you were off work. They may have kept you "active" for as long as their particular state comp rules require.
When it's all said and done a no show(discharge) wouldn't have any effect if you have the medical records.(or if the prospective employer runs a work comp history)

See, that is how I see it, and because of the point that I drove from Burley ID -> Layton UT -> Denver CO -> Tacoma WA -> Salem OR on a bum knee, I did not feel that it was an issue of being a "No Show". I am planning on going back to the company and seeing if there is some sort of resolution to this. If push really comes to shove, I am willing to go back to them if they are willing and all issues have been resolved. Keep in mind that I do have a very good re-pore with a lot of everyone at my home terminal so it may be a good thing for me.

What company were you working for, and....was it a Washington State based company. IF it was, then you file a complaint in Olympia, with the Worker's Compensation Commission, stating exactly what happened. Don't embellish, don't make it a book, Clear and concise.

You can also make a filing if you worked for an "Out-of-state" based company. It will take longer to get results.

Do not think the folks in Oly won't help you. They are very good at their jobs, and they get quick results. But they have to know all of the facts up front, and most importantly, YOU have to take the steps to inform them. Over the years, they have helped a lot of truck drivers, whom were treated improperly by their employer(s), over work related injury.

Yea,if you got hurt on the job you would have to file a Workmans comp claim...did you? can you still? if they fired you while you were out injured on the job, you need to call a lawyer right now. If your employer sent u to a doc, chances are u were on workmans comp, ur cmpany wont give u info most lkely, so call the doc and talk to them, try to figure out if u were on workmans comp, the insurance agency, the claim number, adjuster, etc.etc.
If your company ran u off cuz u were injured on the job, then ragged on you on your DAC, then u really need to talk to a lawyer. GL