I Quit Swift Transportation Voluntarily But They Wrote I Was Involuntarily Fired On My DAC For Safety Policy

Topic 17805 | Page 2

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Rick S.'s Comment
member avatar

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Pass the popcorn tractor man. smile.gif

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Don't hog all the popcorn

Hey - save me some...

Doubt there's a lawsuit there.

Most mouth-breathing-suit-wearers are going to want to see some $$ up front. Or see a BIG PAYDAY on the back end. Neither of which appears to be obvious here.

So it's unlikely you're going to find a labor lawyer that specializes in "wrongful termination", or one that's even going to touch the libel issue.

This is a he said/he said - termination. And the fact that HE QUIT WITHOUT NOTICE, added to a long-term ADVERSARIAL RELATIONSHIP with the company (problem child) - they likely didn't want to terminate him because they didn't know whether he would be "the boy who cried wolf" -but once he quit - he became fair game to slam. You can be sure, they can find a "legit safety violation" somewhere in their logs, to back up their DAC report.

Plus we STILL DON'T KNOW WHY he even quit (without notice).

Payback really is a "female dog".

Add that to the fact that he's a first time poster, who came here with a bizarre "tale of woe" - not unlike some other posts we've seen here through the years.

I'm surprised he posted here - instead of on that "other board" he's a member on (like yer profile pic there better) 189651.jpg?1478885948

I'm gonna step back from this one. I gave up the skinny on how to dispute a DAC. That's the best he can probably do.

Thanks for your service BTW - sorry it turned out this way for you.

Rick

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

Mr M's Comment
member avatar

Only thing that comes to mind when I read that is "don't bite the hand that feeds you".

if things were that bad you should have professionally moved on without constantly trying to F them, because they ended up f'ing you for not following the rules.

OWI:

Operating While Intoxicated

Cwc's Comment
member avatar

Lol sorry Rick but popcorn is for spectators...

Errol V.'s Comment
member avatar

Venture relates:

I asked [Operations Manager Ken Something] what the company policy violation is going to be and he told me its 4 driving down the road wearing headphones and holding the steering wheel and playing with my phone

I'm sure this wasn't anyone's imagination. More probably the ol' Driver Cam. That video is available for your viewing pleasure through the Swift Driver Portal. I don't see the part here where your DM or a Safety Manager called you in to discuss this within 3 days, which is SOP. But when I read you were wearing headphones, and playing with your phone while driving, I count this show to be over.

Does anyone have garlic salt for popcorn?

P.S.: Don't try saying the driver cam got you fired. Regardless how Swift found out, that is very unsafe behavior. I'd suggest to not let the door hit you in the hiney on your way out.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Trucker Kearsey 's Comment
member avatar

IMO....if the OP story is correct...then it was still avoidable had he stayed his year (or two depending on the contract).

This site constantly says stay a full year at your first company and be professional. Now....just imagine if that advice was indeed heeded. We would have a driver with a year to two with a good driving record, no accidents and no points or tickets. And an evil DAC report that would prove no accidents so no evidence of unsafe driving. Or....if the company was vindictive only because of resignation without notice... Then the evil DAC could have been avoided by being professional and giving notice.

If I reported to my company, truck stop manager or customer every time I dealt with rude people I wouldn't have time to drive. "A female driver yelled at me". So yell back or ignore. Who cares? Being so thin skinned won't help you out here.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

Pianoman's Comment
member avatar

Venture relates:

double-quotes-start.png

I asked [Operations Manager Ken Something] what the company policy violation is going to be and he told me its 4 driving down the road wearing headphones and holding the steering wheel and playing with my phone

double-quotes-end.png

I'm sure this wasn't anyone's imagination. More probably the ol' Driver Cam. That video is available for your viewing pleasure through the Swift Driver Portal. I don't see the part here where your DM or a Safety Manager called you in to discuss this within 3 days, which is SOP. But when I read you were wearing headphones, and playing with your phone while driving, I count this show to be over.

Does anyone have garlic salt for popcorn?

P.S.: Don't try saying the driver cam got you fired. Regardless how Swift found out, that is very unsafe behavior. I'd suggest to not let the door hit you in the hiney on your way out.

My thoughts exactly. My question to the OP:

WERE you, in fact, doing what Ken accused you of?

I would say that nothing in your story adds up, but actually it does. My guess (and yes, it's just a guess because I have no hard facts) is you got caught on your phone, were routed to a terminal for a talk with safety, you said "screw it" and left for Werner (maybe fearing termination from Swift), and Swift decided they weren't about to let you get off so clean.

Does that sound about right?

I would really like to give you the benefit of the doubt, but I'm kinda hesitant in this case. I mean, why on earth would Swift accuse you of something so drastic just for leaving to Werner? It's possible he's lying, but I don't buy it. Sounds like you were trying to leave before you got fired--I know because I've considered doing the same thing before.

And I hate to tell you this, but if you really were on your phone with headphones on while driving down the road, I don't really care that much if Swift followed due process or not (and good luck getting sympathy from the other members here). I myself have been caught on my phone driving down the road, but Swift gave me a second chance. Also happened to another driver here I know. Do you have any idea just how many drivers get caught doing exactly what you allegedly did? The fact that this guy went out of his way to screw you, says volumes about your conduct at this company. I know many of the people in the Denver terminal (not Ken necessarily) and, trust me, if they screwed you that bad, you probably deserved it.

A much more appropriate response, would have been to apologize all over yourself and literally beg them for a second chance. What you did was extremely dangerous, against the law, and something Swift has a no-tolerance policy against (in writing).

Please don't take this as me judging you. All I'm saying is, I don't believe you were unjustly fired and I doubt you will convince many (or any) of us otherwise or receive any sympathy here. Sorry.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
MindFreak's Comment
member avatar

I grabbed some red vines since I wan't in a popcorn mood, but alas, it appears I wasted my effort...the OP has chosen to leave the thread. I do have a question though....if in fact he was caught on the driver cam wearing headphones and using his phone, wouldn't he have had to do something to trigger the cam? Rumble strips perhaps...or something else. Just curious. I shall take my red vines and seek my entertainment elsewhere among the board topics now. Good day..

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Old School's Comment
member avatar
if in fact he was caught on the driver cam wearing headphones and using his phone, wouldn't he have had to do something to trigger the cam? Rumble strips perhaps...or something else. Just curious.

Yes, you are correct. Those things are one of many that he chose to leave out of his tale. His was a one sided testimony looking for validation, and typically, he bailed when he knew we were seeing through the B.S.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Rick S.'s Comment
member avatar

I grabbed some red vines since I wan't in a popcorn mood, but alas, it appears I wasted my effort...the OP has chosen to leave the thread. I do have a question though....if in fact he was caught on the driver cam wearing headphones and using his phone, wouldn't he have had to do something to trigger the cam? Rumble strips perhaps...or something else. Just curious. I shall take my red vines and seek my entertainment elsewhere among the board topics now. Good day..

Typically when we see stories as weird as this one - there's usually WAAAAAY MORE than is being told by the OP.

Without validating any part of his story - it looks like they would have cut him loose while still in training, but he held a stealth recording over their heads to stay employed. If I was HR - I would have taken my chances and cut him loose at that point - regardless of whether CO's laws require only one parties knowledge. If he pulled that crap in CA - he would have risked ending up IN JAIL for the recording, and potentially for using it to (essentially) BLACKMAIL the company into keeping him on.

As soon as he quit - he opened the door for them to stick it back up his patoot. Mess with the bull - eventually, you'll get the horns...

Rick

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Errol V.'s Comment
member avatar

MindFreak asks:

I do have a question though....if in fact he was caught on the driver cam wearing headphones and using his phone, wouldn't he have had to do something to trigger the cam? Rumble strips perhaps...or something else

The first truck I drove that had a camera also had a very sensitive rumble strip detector. Two "rumbles" within 10 seconds and it was showtime. I managed to be very careful for a bit after the first rumble warning. I was called in for eating Oreos! (Distracted activity). Once the video contractor gets a video, they look hard for driver errors. So if I got onto a narrow windy road, it was the Buzz Strip show! Bzzz bzzz bzzz bzzz for 5-10 minutes! All I did as drive and look professional doing it.

My current truck almost never trips the camera. Well, that's OK.

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