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Fighting CDL driver harassment, retaliation, and false DAC reporting

Jun
12,
2015
4
Attorney Paul Taylor

Attorney Paul Taylor of TruckerJusticeCenter

Many drivers have experienced, or are at the very least familiar with, employer retaliation via wrongful and often harmful false information reported to authorized agencies. It’s not an exaggeration to say that many a career has been ruined by these antics. The most common of all is the infamous DAC report.

Professional CDL drivers have agreed that even “subtle suggestions” of DAC or other negative reporting  is still used to maintain “control” of their driver employee.  Is there a solution to these behaviors? Can drivers fight back?  Yes they can. Below are just 2 examples of cases that were taken to court and then won. Both cases were won by Paul Taylor of Truckers Justice Center

OSHA FINDS NEW PRIME, INC. PLACED FALSE INFORMATION ON DRIVER’S DAC REPORT

Truck Driver Fights Back Against DAC Awarded $130,000

Not all false DAC reporting makes it to court as in the above two examples. Sometimes all it takes is to dispute or challenge the false allegations via the HireRight website.  As drivers have found out however, sometimes it’s not all that easy to contest false information that is reported.  Jon Stanek of Stanek Law Office, as just one of his trucker related services, assists drivers through his website FixMyDacReport

Attorney Jon Stanek of Stanek Law Office and FixMyDacReport

Attorney Jon Stanek of Stanek Law Office and FixMyDacReport

Both Paul Taylor and Jon Stanek will be our guests on AskTheTrucker “Live” Saturday June 13th 6PM ET to discuss many aspects of driver experienced retaliation, and more importantly, solutions. They will be taking calls and answering questions

Paul and Jon specialize in Trucker cases and have extensive experience in the courtroom and are dedicated to Trucking Employment Law, harassment, discrimination, credit reporting errors, wrongful termination, truck lease disputes,wage disputes…and more

 

 

 

STAA  whistleblower protection – Harmful information on DAC Reports
6PM ET
Listen through the above link, player below, or by phone
347-826-9170

Check Out Legal Podcasts at Blog Talk Radio with Aubrey Allen Smith on BlogTalkRadio

 

Topics to be included in Discussion

  • Using STAA whistleblower protections to remove harmful information from DAC Reports Unauthorized pulls of DAC Reports
  • Abandonment and co. policy violation notations on DAC Reports
  • The Fair Credit Reporting Act (FCRA) Understanding your rights
  • Investigation and Reinvestigation process; The No Parroting Rule
  • Understanding Damages made- The difference between Negligent vs. Willful

Have you had an experience with retaliation? Did it go on your DAC report and cause extensive problems?
Need to ask a question TONIGHT?  Paul and Jon will be taking calls. 347-826-9170

 

 

© 2015, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

View all posts by Allen Smith →

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4 Responses to Fighting CDL driver harassment, retaliation, and false DAC reporting. - Post a Comment

  1. […] Fighting CDL driver harassment, retaliation, and false DAC reporting […]

    • Scott

      I am a Commercial driver 2yrs otr experience . I have a clean driving record and clean criminal background . i was told i was terminated by the owner of the company i was driving for last friday . the owner must of been contacted to verify my employment because i was looking for another job . i was looking for another job because the pay and work was not what he had said it would be .He also made the comment of he fires drivers befor they would quit . he stated that he was just trying me out and didnt know if i was a good driver , i seemed to be ok but good drivers are a dime a dozen and he could replace me easily . I continued to drive for this company and started being asked to drive runs that were out of HOS . and when i would stop because my hours where up they would threaten my job . so i was told to deadhead back to the loading yard in yucca ,Az from calistoga , Ca with a truck over heating every 100 miles and told not to take it to a shop . I was told that this was not working between the company and I was to bring the truck to the loves in lake havasu city Az . Then when i got to the loves the owner asked me to bring his truck to kingman the following day and i could pick up my final check . so the following day comes and he called me asking when i would be there. i said i would be at his place at 2pm and he says thats uneceptable . he then stated that he was going to report his truck stolen. So i emptied my truck and parked it where the parking area was close to my house and i called the local police for a stand by to return their truck and or they could take possesion . They had reported the truck stolen but because i have the whole conversation for a week on text msg because i quit answering the phone for them because they would cuss at me . so all communication was thru text . them telling me they were goingto make false reports to my DAK. he even said this in front of the officer when he received pssesion of his truck. He said he was reporting that i stole his truck on my DAK after he accepted posession of truck and he did not pay me and now refuses to pay me period. can anyone tell me or help me with what I can do to be paid and prevent the false reporting of my DAK. i have proof via text msg saved saying they were going to false reports on my dak. please help or point me in the right direction . thank you 928-706-2482

    • Allen Smith

      I’m going to post this on Facebook also with a link to this blog thread.
      In the meantime, we have 2 lawyers that we recommend.

      Paul Taylor of Truckers Justice Center http://www.TruckersJusticeCenter.com
      Monika Jenkins of Truck Driver Law http://www.TruckDriverLaw.com

  2. Scott

    I am a Commercial driver 2yrs otr experience . I have a clean driving record and clean criminal background . i was told i was terminated by the owner of the company i was driving for last friday . the owner must of been contacted to verify my employment because i was looking for another job . i was looking for another job because the pay and work was not what he had said it would be .He also made the comment of he fires drivers befor they would quit . he stated that he was just trying me out and didnt know if i was a good driver , i seemed to be ok but good drivers are a dime a dozen and he could replace me easily . I continued to drive for this company and started being asked to drive runs that were out of HOS . and when i would stop because my hours where up they would threaten my job . so i was told to deadhead back to the loading yard in yucca ,Az from calistoga , Ca with a truck over heating every 100 miles and told not to take it to a shop . I was told that this was not working between the company and I was to bring the truck to the loves in lake havasu city Az . Then when i got to the loves the owner asked me to bring his truck to kingman the following day and i could pick up my final check . so the following day comes and he called me asking when i would be there. i said i would be at his place at 2pm and he says thats uneceptable . he then stated that he was going to report his truck stolen. So i emptied my truck and parked it where the parking area was close to my house and i called the local police for a stand by to return their truck and or they could take possesion . They had reported the truck stolen but because i have the whole conversation for a week on text msg because i quit answering the phone for them because they would cuss at me . so all communication was thru text . them telling me they were goingto make false reports to my DAK. he even said this in front of the officer when he received pssesion of his truck. He said he was reporting that i stole his truck on my DAK after he accepted posession of truck and he did not pay me and now refuses to pay me period. can anyone tell me or help me with what I can do to be paid and prevent the false reporting of my DAK. i have proof via text msg saved saying they were going to false reports on my dak. please help or point me in the right direction . thank you 928-706-2482

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