What can I do about a company misrepresenting me?
Asked by Daryl C
I am a OTR Truck Driver. I worked for this company as a Owner Operator from Feb. 2005 to July 2005. I had a accident in May 2005. It was considered at fault 200,000 claim. I will not deny this. Here is the problem. July 2005 I sold my truck because being a Owner Operator was too much of a headache. I started driving a company truck for the same company. In April 2006 I got a local job offer with another company that one of the part owners owned. I quit the first company and went with the other company. Well now the local job is not producing enough income and I need to go back on the road. I have been filling out job applications and being disqualified. I found out the the company that I worked for is reporting that I was fired for major at fault accident. When I quit working for this company the lead dispatcher offered me a double sign on bonus to stay and a raise. I refused. He has since then asked me to come back. I would run 4000 miles per week for these people and never turn down a load. This accident is over 3 years old but the are reporting that I was discharged to unsatisfactory safety record. LET ME REMIND YOU AFTER THE ACCIDENT THE LET ME SELL MY TRUCK AND HIRED ME TO DRIVE A COMPANY TRUCK FOR THEM. I have tried to talk to these people and the safety director just says that is the way it happened. What can I do? Any advise would be greatly appreciated. I have tried to talk with these people. They always refer me to the Safety Director. I tried to reason with her and she is impossible. She was not easy to deal with when I worked for them. She has gotten worse since I left. I asked for a copy of my file. She told me that she could not provide that to me. After the accident I had to file a report of my own and give it to her. How can I get this information from her. She won't willingly just hand it over because she knows that I was not terminated I quit. I never was wrote up, not even for the accident. I don't know what else to do but seek the help of an attorney. I am not interested in a lawsuit just want her to get the story straight so I can go to work somewhere else. The head dispatcher there called me again a few min. ago and asked if I was interested in coming back to work for him. I told him to call me back in about one hour and we would talk about it. I am going to record the phone call and hopefully this will be a little more evidence against them. They are just a small trucking company where all of the higher ups are family. I am in a h#$$ of a situation with these people.

Best Answer:
Inform the Safety Director with the other Directors in copy that you would like them to retract that statement in writing and giving them a week's notice to comply failing which you will take the necessary legal action against them for loss of confidence and good name. The fact of the matter remains that they acknowledged the accident at that time and did not pursue it further. On top of that, they also do not have written proof of ever firing you. That should get them on their feet.

tough situation. I would contact a lawyer for a free consultation. What this company is doing is illegal. They are intentionally providing false information for the purpose of slander. You might have a legitimate lawsuit. You can prove that you were not fired because of this accident by showing records of the date of the accident and other paperwork associated with the claim, and by showing your employment history that you worked for the company for almost a year after the accident. You can also get proof of what they are saying about you by asking the companies that you are applying with to give a written statement of what they were told. Consider filing a lawsuit for slander. A lawyer should be able to help with this. Even if you don't go through with a lawsuit you should be able to get them to stop spreading lies about your employment with them. Good luck.
Answered by SmartA$$

If their actions (lies) are hurting you financially . And it sounds like they are , it is time for you to hire an attorney ... explain the situation to your attorney . Slander is illegal . You may be able to sue them for any lost income and have them repair the damage they have caused your reputation .
Answered by Pyar

I suppose you could sue them, but that'd be pretty expensive. You might be able to get your state's Labor department interested if you have evidence that they're giving false references. Alternatively, try calling whoever handles Human Resources at your former employer, and talking it over with them. Most places I've worked at would be horrified to find out that a manager was giving false information in a reference.
Answered by mark_bessey