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

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Team Venture's Comment
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I quit Swift Transportation on December 28th and left to go work for Warner on the 3rd of January. I went through the entire orientation and was about to get on the truck when they told me they were rescinding their job offer. We we're waiting for Swift to post my employment report but they were dragging their feet so we used my paychecks to verify my employment. They told me I would not be hired because my DAC that I was involuntarily terminated due to company policy violations.

I knew how to be a mistake so I contacted Swift Transportations HR department. After multiple phone calls I was not able to get ahold of anyone or have them return my calls so I decided to go to the swift terminal in Denver Colorado. I figured I worked there for 5 months so would be able to get in and talk to the operations manager ken something.

I was able to sit down with him and try to figure things out which he seemed overly eager to do. I told him that I quit from the company without notice on the 28th of December 16th. He told me that I was involuntarily fired before we proceed with the conversation he wanted to make sure I was not recording him.

I have a habit of recording people I speak to for legal reasons . Colorado is a one party consent state so you can legally record anyone without their consent and use it in the court of law . Which I have used in the past against them when they tried to terminate me while I was in training in my mentor said I was uncooperative . I was able to prove my mentor was being unprofessional and openly racist they had no choice but to keep me on .

after he saw that I turned off my phone explain that I was terminated for company policy violation 16 days before the 28th. The last load I drove was on the 21st from Albuquerque New Mexico to Denver Colorado so I guess I was still working and fired at the same time? I asked him 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 asked him to show me a shred of evidence and you told me that he doesn't have to do anything I ask he just wanted to say it to my face. He told me that my DAC report that I was terminated for a major safety violation and I am highly un-recommended for employment.

I always had a very negative relationship with the management at Swift Transportation. a lot of it they absolutely deserve. Be it the time they refused to pay me $900 of missed pay because they switched me from OTR to shuttle, and when I went from hourly to Cent per mile I went a whole week without getting paid! They were not putting me on loads because I was not in the system yet but if I wanted the job I needed to drive the loads.or the time a female driver got mad at me for running late on a shuttle run because I had to wait for my trailer to arrive at my terminal before I could leave. When I showed up she called me a ***got millennial and walked around screaming in my ear as I unhook my trailer. I recorded that as well and reported it which they got very angry about as well.

Ken at the Denver swift terminal made it very clear that he went out of his way to make me unhireable anywhere else for being a pain in his ass. When I tried to plead with him and work something out he told me to get off his property and that if I contact him or stepped foot on another Swift Terminal I would be arrested.

I have contacted DAC fix.com to try and rectify the situation but I'm feeling pretty hopeless right now. I have talked to other truck driving companies and they want nothing to do with me based on my DAC. I have a clean criminal background check military service no moving violations and have endorsements for doubles triples Hazmat and tanker. My wife is talking about divorcing me because I cannot support the family and I don't really blame her. I've looked up the laws regarding DAC and even though they've been sued multiple times hireright and Swift Transportation for exactly these reasons it doesn't change my situation.

I'm 28 years old I've talked to a friend who said I could become a police officer but it's a minimum year-and-a-half application process before I can even look at a paycheck...

I have very little faith that DAC fix.com will actually change anything about my situation and that I'm going to continue to down spiral so I have no use for my CDL and my family has no more use for me...

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

HAZMAT:

Hazardous Materials

Explosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations

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.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Doubles:

Refers to pulling two trailers at the same time, otherwise known as "pups" or "pup trailers" because they're only about 28 feet long. However there are some states that allow doubles that are each 48 feet in length.

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.

Tractor Man's Comment
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Im not touching this with a 10 foot pole. I'm going to make a big bowl of POPCORN!!

Rick S.'s Comment
member avatar

Without responding to any of the allegations made above - because there is always two sides to every story - and you've admitted that you've always had an adversarial relationship with Swift Management - whether due to legitimate gripes, or being a PITA (like recording conversations - not that it's illegal to do so in CO - but...).

Unlike some other places where you only hear NEGATIVE STUFF about Swift - we have a number of guys here that started out as trainees there, and chose to stay beyond their "contractually obligated period". So all the "internet garbage & rumors" you hear about Swift, are taken with a "rain of salt" here.

But I digress.

Let's address DACFIX. DAC/Hireright, is regulated under the FCRA (Fair Credit Reporting Act) - and just like a BAD CREDIT REPORT - the same dispute procedures likewise apply to DACS.

DACFIX - can do no more, or less - than YOU CAN DO YOURSELF. I'm not saying they're a SCAM (cough cough) - but I don't see the value of charging someone $49 for a DAC report they can get FOR FREE directly from HireRight. And certainly not paying them $350 to do, what you can do yourself.

HireRight doesn't "quake in fear" of DACFIX. Hiring DACFIX isn't going to get your issue fixed, any better than you can yourself. The ONLY REASON to hire them is - you are too lazy or unable to deal with matters like these on your own.

The typical removal procedure (similar to credit-report-fix outfits) is to DISPUTE THE ENTRY, and hope that the party you are disputing doesn't respond within the statutorily required time, and it gets removed.

Typically - in DAC disputes, if the company takes the time to SCREW YOU - they will likely take the time to MAKE SURE YOU STAY SCREWED.

At that point - the best you can do is demand (under the FCRA) that they note the entry as disputed and include a statement from you (which better be a little more succinct than the laundry-list of gripes you listed above).

If an investigation doesn’t resolve your dispute with the credit reporting company, you can ask that a statement of the dispute be included in your file and in future reports. You also can ask the credit reporting company to provide your statement to anyone who received a copy of your report in the recent past. You can expect to pay a fee for this service.

The question arises as to WHY YOU QUIT WITHOUT NOTICE?

Not sure - in light of the rest of the stuff going on in your OP - that I really want to know.

And this is not going to get resolved OVERNIGHT either. So I would consider some other employment options in the meantime.

Not really qualified to comment on your marital issues - so I'm going to resist telling you to dump her (see what I did there?).

Rick

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.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Bolt's Comment
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Pass the popcorn tractor man. smile.gif

Cwc's Comment
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Im not touching this with a 10 foot pole. I'm going to make a big bowl of POPCORN!!

Extra butter.

Farmerbob1's Comment
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Sounds like lawyer time to me, for a possible libel case. Your lawyer asks for discovery in preparation for the case. If Swift somehow provides proof you were wearing headphones and acting unsafe in the truck, and you cannot prove your last delivery date is after their fire date, then you're likely screwed. If they cannot provide proof of that safety violation, or you can provide proof of driving for them after they say you were fired, then I'd think a small claims court could force them to correct the record to at least improve your chances of rehire by another company. If you can address BOTH issues and have them removed, then you should not have any issues getting a rehire.

In my personal opinion, in no case should you personally try to force the issue again. It's time to let the guys and gals in suits win this one with smiles, words, and implied threats of a libel case.

Old School's Comment
member avatar

Well, Team Venture what is it you want from us?

Were you just wanting to see if we would jump right in there with you and bash on Swift?

You seem to be really big on recording folks, so maybe, just maybe you should sit back and listen to yourself once in a while.

Here, let me give you some recordings of what you just said to us...

before we proceed with the conversation he wanted to make sure I was not recording him. I have a habit of recording people I speak to for legal reasons
my mentor said I was uncooperative
I was able to prove my mentor was being unprofessional and openly racist they had no choice but to keep me on .
I was terminated for a major safety violation and I am highly un-recommended for employment.
I always had a very negative relationship with the management at Swift Transportation.
Ken at the Denver swift terminal made it very clear that he went out of his way to make me unhireable anywhere else for being a pain in his ass.

Well Sir, I'm trying to be polite when I say that you sound like the kind of driver companies would be falling all over themselves to hire you, don't you agree after looking at all the things you told us?

This is the part of your tale of woe that really got to me.

When I tried to plead with him and work something out he told me to get off his property and that if I contact him or stepped foot on another Swift Terminal I would be arrested.

Do you really expect us to believe that they would respond to you like that if you were such a wonderful employee? We have a lot of very successful Swift drivers in this forum who have never had any kind of an experience anything close to the way you make them out to be.

Here's where you really failed Swift. You decided you wanted to "plead with them and work something out" after you had already burned your bridges. The time to be working things out is from day one, and the only way you can do that is to be a productive professional who is more concerned with his own performance than he is with worrying about what you can get on a recording to back yourself up. My friend, I have never needed to record anybody in this business who is in authority over me. In fact I have garnered their respect by my performance. You have started out very poorly, and it is not a reflection upon Swift. I'm sorry to appear as being hard on you, but somebody needs to show you the way to success, because you have totally messed in your nest. It's time to get real and face some facts - you are extremely hard to work with. Your comments make it all too clear.

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.

Cwc's Comment
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Pass the popcorn tractor man. smile.gif

Don't hog all the popcorn

Bolt's Comment
member avatar

double-quotes-start.png

Pass the popcorn tractor man. smile.gif

double-quotes-end.png

Don't hog all the popcorn

CWC you do have the butter and salt?

Cwc's Comment
member avatar

double-quotes-start.png

double-quotes-start.png

double-quotes-start.png

Pass the popcorn tractor man. smile.gif

double-quotes-end.png

double-quotes-end.png

Don't hog all the popcorn

double-quotes-end.png

CWC you do have the butter and salt?

Yap... sorry I guess I forgot it was sitting right next to me.

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