What Can A Company Legally Put On Your D.A.C

I'll try and make this short. Got my CDL in February of this year, went to orientation for 2 weeks with a company and then 3 weeks on the road with a driver trainer. Was getting ready to start my 4th week , when I had a friend die. I contacting my driver manager via email, cause it was a Sunday, I explained I would have to take a week off of training to attend the funeral, and decide if I wanted to continue to do OTR. He called me the next morning and told me that since I wasn't where I needed to be with the number of backs I needed and the fact that I was on the fence with what I wanted, then they didn't want to continue. He then told me I could quit, but I wouldn't get my last check, or they could terminate me, I would get my last check, but they would put something on my DAC , because I apparently signed something stating I would stay there for six months. I don't recall signing anything like that and don't know why I would have to, I paid for my own school, they did nothing.

So now for the back story, after the first week with my trainer, they called and asked how everything was going , because I was flagged as high risk. I asked why, was told that I refused to get out and look. That happened 1 time in the training yard. Then he said that I take my hands off the wheel when in trouble. This happened on the simulator, I thought I would break the steering wheel, never happened in an actual truck. I scored extremely high on everything in the training yard. As far as my number of backs, my trainer and I were team driving from day one, we stopped to fuel and that was it, so I got 17 times in 3 weeks.

So back to the original question, can they legally put any of that on my DAC and not say what really happened.

Click this link: DAC report and how-to get one

Chicon I read this post and the TMC reply you wrote on another thread. Old School replied to you on that thread with a well written, concise and comprehensive response. I sincerely suggest you read it and consider your issues with TMC are not about them but all about you; your approach, unrealistic expectations, and your attitude. I hope you do a gut-check and make some adjustments before attempting to re-enter this industry, otherwise the same result will likely occur somewhere else.

Not a bad idea to read this archived link as well: Do you have the right temperament for this job?

I hope you can get things worked out. Good luck.

I'm sorry you lost a friend. However, most companies, not just trucking companies, draw a line about, I'll call them "important", deaths. If you had lost a family member, that's one thing, but "a friend", though important to you, is not immediate family. Only in the death of a family member will you get priority. So from a company point of view, taking a week off for your friend is a bit too much.

But I see some problems of their own in your attitude here:

So now for the back story, after the first week with my trainer, they called and asked how everything was going , because I was flagged as high risk. I asked why, was told that I refused to get out and look. That happened 1 time in the training yard. Then he said that I take my hands off the wheel when in trouble. This happened on the simulator, I thought I would break the steering wheel, never happened in an actual truck.

All companies push GOAL in trailer backing. I don't need an explanation from you, but refusing to get out of your truck to back a trailer into a spot has no excuse. And "1 time in the training yard" is 1 time too many.

A simulator does just that: represents "real life" in a more controlled environment. So the instructor can make up a situation to see how you react. Taking your hands off the wheel is a reaction no company wants to see from a driver in an accident. The simulator steering wheel is as sturdy as a "real" steering wheel.

Like G-Town says, the problem is in your attitude and your excuses. You come off here as thinking your poop don't stink. You'll get farther of you can take responsibility for your own decisions.

Click this link: DAC report and how-to get one

Chicon I read this post and the TMC reply you wrote on another thread. Old School replied to you on that thread with a well written, concise and comprehensive response. I sincerely suggest you read it and consider your issues with TMC are not about them but all about you; your approach, unrealistic expectations, and your attitude. I hope you do a gut-check and make some adjustments before attempting to re-enter this industry, otherwise the same result will likely occur somewhere else.

I didn't leave the industry, I got a local driving job. Thank you

Not a bad idea to read this archived link as well: Do you have the right temperament for this job?

I hope you can get things worked out. Good luck.

I'm sorry you lost a friend. However, most companies, not just trucking companies, draw a line about, I'll call them "important", deaths. If you had lost a family member, that's one thing, but "a friend", though important to you, is not immediate family. Only in the death of a family member will you get priority. So from a company point of view, taking a week off for your friend is a bit too much.

But I see some problems of their own in your attitude here:

So now for the back story, after the first week with my trainer, they called and asked how everything was going , because I was flagged as high risk. I asked why, was told that I refused to get out and look. That happened 1 time in the training yard. Then he said that I take my hands off the wheel when in trouble. This happened on the simulator, I thought I would break the steering wheel, never happened in an actual truck.

All companies push GOAL in trailer backing. I don't need an explanation from you, but refusing to get out of your truck to back a trailer into a spot has no excuse. And "1 time in the training yard" is 1 time too many.

A simulator does just that: represents "real life" in a more controlled environment. So the instructor can make up a situation to see how you react. Taking your hands off the wheel is a reaction no company wants to see from a driver in an accident. The simulator steering wheel is as sturdy as a "real" steering wheel.

Like G-Town says, the problem is in your attitude and your excuses. You come off here as thinking your poop don't stink. You'll get farther of you can take responsibility for your own decisions.

You people act like you know every detail of my situation. I was asking a simple question. Could they put something from orientation on my DAC. I felt the details were important. I was not making excuses, I was simply stating facts.

You people act like you know every detail of my situation. I was asking a simple question. Could they put something from orientation on my DAC. I felt the details were important. I was not making excuses, I was simply stating facts.

As suggested - you should PULL YOUR DAC and see what's on there.

I doubt they would LIE about you signing on for a 6 month commitment. What they could probably put on there, was that you left before you completed your contractual obligation.

I doubt the other stuff about the simulator or failing to GOAL on the yard, is going to make it on there.

Keep in mind - while you paid for your own schooling to get your CDL , most companies that take on "recent grads" (and put you out with a trainer) are doing your "finishing training" - for which they may require you to commit for a period of time (even without a financial obligation) in order to offset what they have to pay you, while you are not generating income FOR THEM as a solo operator.

I explained I would have to take a week off of training to attend the funeral, and decide if I wanted to continue to do OTR.

Without appearing judgemental here - I see two separate issues. Getting home for a funeral - and "deciding" if you want to continue OTR.

It's less about what they put on your DAC (if in fact, nothing derogatory shows up) and what they say when called as a reference (verification of past employers is required). What they are legally RESTRICTED from saying, and what they actually DO SAY - can be two very different things.

Best of luck to you. I'd be interested in seeing what ended up on your DAC.

Rick

It's less about what they put on your DAC (if in fact, nothing derogatory shows up) and what they say when called as a reference (verification of past employers is required). What they are legally RESTRICTED from saying, and what they actually DO SAY - can be two very different things.

Best of luck to you. I'd be interested in seeing what ended up on your DAC.

Rick

A common misconception people have Ida about what a company can say about you when called for a reference. Legally they can say anything they want, positive or negative, as long as it is factual.

Now, that said, many companies have their own policies which prohibit them from saying anything other than yes you worked there and whether you are eligible for rehire. Which is what people get the idea that they are only legally allowed to do so.

I'll appear judgemental... My SISTER died and as a federal employee I only got two days for the funeral, so a week for a friend is ludicrous to almost any company.

Adding the "I'll decide if I want to go back OTR".... You basically said "even if you are being lenient enough to give me a week off for a friend, I'm going to dictate to you how I'm going to deal with my employment". If they agreed to the week they were nice. Nicer than any employer I ever had. If they didnt agree to it, then you chose the course. Were you expecting them to hold your place while you ponder things over? I know companies who wouldn't have given you a choice at all at that point. It would have been "you're terminated" which won't look good on references.

My guess is you won't get a good reference whether on your DAC or not. And don't omit them on future applications or you will look like a lair. They go back 10 years for driving jobs.

A common misconception people have Ida about what a company can say about you when called for a reference. Legally they can say anything they want, positive or negative, as long as it is factual.

Now, that said, many companies have their own policies which prohibit them from saying anything other than yes you worked there and whether you are eligible for rehire. Which is what people get the idea that they are only legally allowed to do so.

While there are no federal laws regulating what a past employer can/cannot say - many states do have laws.

State Laws on References and Statements By Former Employers

We've found here at TT, that folks have a tendency to "emotionally embellish" how they was "done dirty" by a company - and typically leave out their OWN "shortcomings". The OP (in another discussion) termed what his previous employer did to him as "blackmail" (see "emotional embellishment").

Because we're talking about expensive equipment and huge safety liabilities in this industry, chances are - companies are going to share negative info (even if state laws prohibit it), for the "good of the industry". If you were a real "feces-bird" at a previous employer - they may even "emotionally embellish" how much of one you were.

Which is why we ALWAYS ADVISE folks to exit companies in as professional a manner as circumstances allow. Example: Threatening to kill your trainer and jumping out at a stop light because they yelled at you - is probably not going to go over as well as - calling your DM and telling them you have severe personal conflicts with your trainer and requesting a reassignment.

Everyone needs to remember their actions WILL FOLLOW THEM throughout their trucking career (or at least the previous 10 years). THINK BEFORE YOU ACT/SPEAK.

Rick

I'll appear judgemental...

Judgmental or not, I would listen to Rainy. She's quite the realist!