ATTENTION O/O driver warning

idtrans · Dec 7, 2010

Well I have the criminal report on paper so now if they screw up I have proof I did my part. And I get from the driver a printed MVR report they pay for.

And frankly if the uncle of the friend of mine doesn't work out I am done having a 2nd truck rolling no sense in the extra headaches. Only reason I am not selling the van off now is because he is insisting he can and wants to do the job so I am giving him a fair chance at it with a open mind.

nightcreacher · Dec 7, 2010

cheri1122 said:
I guess a criminal check would be smart, but there's an awful lot of jerks who've never been caught - I was thinking of checking with whomever the prospect last worked for/with, at the very least.

The only thing a former employer can legally say is if they would rehire an individual,if they didn't agree,or agreed to drug tests, and if they passed the drug tests they had.Also any safety issues.anything more you might be liable for slander

moose · Dec 7, 2010

idtrans said:
so I am giving him a fair chance at it with a open mind.

Or ,you can deduct an escrow ,like everyone else ,and sleep well at night ,whichever works for you.

greg334 · Dec 7, 2010

nightcreacher said:
The only thing a former employer can legally say is if they would rehire an individual,if they didn't agree,or agreed to drug tests, and if they passed the drug tests they had.Also any safety issues.anything more you might be liable for slander

Actually you can say a lot of things because a driver unless he gets a paycheck and has to fill out forms of employement, is not an employee and a lot of the rules do not apply.

Think of it like this, if you hire a plumber to do some work for you, you are hiring a contractor. If the job is crap - you turn on the facet at the sink in the kitchen and your toilet flushes, he didn't do his job. SO you can say pretty much what you want to say about his work at your house - I think there is something called Emily's list for that.

In this case the same exact thing is happening, you are contracting with a driver to provide a service, you are not employing him so hence he is independent as much as you are driving as an owner.

cheri1122 · Dec 7, 2010

Greg: got any place where that can be verified? I'd like to know whether that's factually correct, and can't think which laws might apply.

If it's correct, why can't we create a list of owners & drivers that are particularly bad [or good]?

layoutshooter · Dec 7, 2010

cheri1122 said:
Greg: got any place where that can be verified? I'd like to know whether that's factually correct, and can't think which laws might apply.
If it's correct, why can't we create a list of owners & drivers that are particularly bad [or good]?

A list of REALLY good or REALLY bad owners or drivers would be a great idea but I don't believe that E.O. is the proper venue. Too great a chance of "unvetted" information getting out. There needs to be an "official resource" where complaints can be filed and independent investigation of those complaints takes place.

highway star · Dec 7, 2010

Simply saying whether or not you'd rehire someone isn't a requirement of law, it's become the CYA way for former employers to stay out of defamation suits. If a guy's an incapable moron, there's no law stopping someone from saying so, just the desire not to deal with a lawsuit. Just saying you wouldn't rehire someone says enough.

moose · Dec 7, 2010

greg334 said:
- I think there is something called Emily's list for that. .

Since i never heard that term before ,i Googled it ,and this is what came up :

EMILY's List: Join EMILY's List Today

what am i missing ?

greg334 · Dec 7, 2010

cheri1122 said:
Greg: got any place where that can be verified? I'd like to know whether that's factually correct, and can't think which laws might apply.
If it's correct, why can't we create a list of owners & drivers that are particularly bad [or good]?

Yes there is a place, it is called a lawyers office and it needs to come from them to covered you as with your situation.

Believe me it is very factual and practiced a lot in other industries.

In my situation, I don't employ people, I contract with them. It is a business arrangement, not an employer-employee arrangement and that is so very important to all of it. The word I use is contract, contractor and business arrangement when giving information.

As for naming openly, nope it does not give permission to build a database because in this industry there is a bit of a liability to go public with some information and reading a lot of the emotional speech here about how drivers/owners got screwed, it would become a mess very quickly.

Remember this is about references for further contracting services, not employment, which takes it to a different level altogether.

Brisco · Dec 7, 2010

moose said:
Since i never heard that term before ,i Googled it ,and this is what came up :

EMILY's List: Join EMILY's List Today

what am i missing ?

It's "Angies List".

How does my Company get on Angie's List? | Angie's List CompanyConnect

They used to run TV Commercials for this website here in the DFW area. Haven't seen one in a while though. Don't know how popular it still is.

idtrans · Dec 7, 2010

Well if anyone asks me about him I will state the facts he **** near destroyed my cargo van, and left the van in hays kansas and took a greyhound back with my money instead of returning the van. And i wish he would take me to court. Because at that time I file criminal charges for theft of the advance money. and toll moneys for the truck.

And then I will take him to civil court on top of it all for moneys owed to me. LOL please do !

I will own his crappy trailer he owns LMAO

Mike99 · Dec 7, 2010

idtrans said:
Well if anyone asks me about him I will state the facts he **** near destroyed my cargo van, and left the van in hays kansas and took a greyhound back with my money instead of returning the van. And i wish he would take me to court. Because at that time I file criminal charges for theft of the advance money. and toll moneys for the truck.

And then I will take him to civil court on top of it all for moneys owed to me. LOL please do !

I will own his crappy trailer he owns LMAO

Honestly, I would put his full name here. He deserve it 100%.

cheri1122 · Dec 7, 2010

greg334 said:
Actually you can say a lot of things because a driver unless he gets a paycheck and has to fill out forms of employement, is not an employee and a lot of the rules do not apply.

Think of it like this, if you hire a plumber to do some work for you, you are hiring a contractor. If the job is crap - you turn on the facet at the sink in the kitchen and your toilet flushes, he didn't do his job. SO you can say pretty much what you want to say about his work at your house - I think there is something called Emily's list for that.

In this case the same exact thing is happening, you are contracting with a driver to provide a service, you are not employing him so hence he is independent as much as you are driving as an owner.

Ok, you state the above as if it's a legal precedent, but when I ask for a citation of the applicable statute, you tell me to ask a lawyer?
If that's all you've got, maybe you should just stick to it, and not proclaim knowledge you're not able or willing to verify.

greg334 · Dec 7, 2010

Cheri,

Every person's situation is different and my advice has been all along to ask your lawyer, I explained what happens and why correcting the idea that we owners "hire" people. Outside of that I won't provide cases to study because that would be meaningless without legal advice to explain what it is all about.