Complaint Review: Werner Enterprises - Omaha Nebraska

...I'm simply a driver these days, who has downsized from a higher level of involvement within the trucking industry over the past few years. There are many Attorneys out there who specialize in law related to the trucking industry. Google "Transportation Lawyers by Location", which should bring up the "Find Law" web page as the first reference page, and on that site, you can browse listings of local Attorneys, including those who offer free initial consultations. If it is related specifically to trucking and trucking companies, there is a firm near Kansas City, Missouri, that also works out of Washington, D.C., called the Cullen Law Firm. They have successfully sued several trucking companies over the past few years, mainly in conjunction with suits filed by the Owner Operator Independent Drivers Association (OOIDA). It never hurts to contact them with anything you may have on your mind, and if you will Google them by name ("Cullen Law Firm"), their website will be the first site listed in the results page, and on their site when you click on "contact us", you can contact them with your questions and comments in their online form.

this is to who ever wrote the previous rebuttall are u a lawyer and can i contact u concerning a case

...because you were NOT an employee under any criteria, at any time, according to law. It is impossible to "terminate" someone who was never hired, or who could not have been hired due to the fact that they were not yet qualified under Federal rules of process in order to be hired. They are correct in that the DOT did list Chantix as a banned prescription drug. Their decision to end the process of qualifying you for employment was theirs and theirs alone, and not due to any requirement by the DOT. There are no time limits established as to how long it must have been since you took your last dose of Chantix, but you cannot actively take it and drive a commercial vehicle. It's unfortunate that they decided to take the opportunity to trash your record, simply for being unaware of this legal prescription drug prohibition, but it's another reason to stay away from this horrible company, because that is another of their fine reputations. They trash records of good people at every opportunity. There are two points of law involved here and they are on YOUR side; 1.) No trucking company can officially extend you an offer of employment as a commercial driver until you have completed the background investigation process, and from what you have offered, the process did not even come close to completion. 2.) You are also considered by law to have been an employee of a company if you have been paid any amount in wages or compensation. Under the above criteria, it was impossible and illegal for them to have listed you as having worked for them, and thus subject to termination. A third issue, and one that is also a violation of law, was the fact that they violated your privacy rights by demanding that you list medications you were taking for their perusal. That is only allowed by law to be requested by and disclosed to medical staff at the time you are taking a DOT physical. The company can inform you by providing a list of certain prohibited medications that you cannot be taking, but it is none of their business, nor legal to request or demand information of you arbitrarily, as to medications you are taking. Under the circumstances, I would demand a total retraction of all entries, or threaten a lawsuit. A dime store Lawyer would eat them for lunch. I would begin by submitting to Werner, by certified mail return receipt requested, a letter stating the two points above, and demand that they retract the entries on your DAC file. You did not meet the requirements at the time for an extension of employment, but you were not terminated by them. To claim otherwise is a complete an intentional act of dispelling a falsehood and illegal under the Fair Credit Reporting Act (FCRA). At the same time, I would file a written challenge to DAC Services, Inc, also sent by certified mail, return receipt requested, with the same information and demands that the entries be removed or amended to reflect the actual circumstances. If after thirty days have passed since the date that both parties have received your correspondence, file a complaint with the FTC for intentional acts of violation of the FCRA by both Werner Enterprises, and DAC Services, Inc. You can Google "USIS", then go to the home page, scroll to the bottom and click on "Consumers" for information on where to send your challenge. The FTC also has a website with an online form for filing complaints for FCRA violations. Don't let them get away with this. They are wrong, and they should know better. As soon as DAC Services, Inc. is made aware by you that you were never employed by Werner, they should immediately remove the entry provided by them. Just make sure to cite the two points of law above. Also include the fact that you were totally unaware that the legal prescription drug you were taking was prohibited under DOT regulations. You're hardly alone in that regard. I wish you luck in getting this fixed, and fast. Don't waste any time, and be firm in your resolve to make them remove the false information.

...because you were NOT an employee under any criteria, at any time, according to law. It is impossible to "terminate" someone who was never hired, or who could not have been hired due to the fact that they were not yet qualified under Federal rules of process in order to be hired. They are correct in that the DOT did list Chantix as a banned prescription drug. Their decision to end the process of qualifying you for employment was theirs and theirs alone, and not due to any requirement by the DOT. There are no time limits established as to how long it must have been since you took your last dose of Chantix, but you cannot actively take it and drive a commercial vehicle. It's unfortunate that they decided to take the opportunity to trash your record, simply for being unaware of this legal prescription drug prohibition, but it's another reason to stay away from this horrible company, because that is another of their fine reputations. They trash records of good people at every opportunity. There are two points of law involved here and they are on YOUR side; 1.) No trucking company can officially extend you an offer of employment as a commercial driver until you have completed the background investigation process, and from what you have offered, the process did not even come close to completion. 2.) You are also considered by law to have been an employee of a company if you have been paid any amount in wages or compensation. Under the above criteria, it was impossible and illegal for them to have listed you as having worked for them, and thus subject to termination. A third issue, and one that is also a violation of law, was the fact that they violated your privacy rights by demanding that you list medications you were taking for their perusal. That is only allowed by law to be requested by and disclosed to medical staff at the time you are taking a DOT physical. The company can inform you by providing a list of certain prohibited medications that you cannot be taking, but it is none of their business, nor legal to request or demand information of you arbitrarily, as to medications you are taking. Under the circumstances, I would demand a total retraction of all entries, or threaten a lawsuit. A dime store Lawyer would eat them for lunch. I would begin by submitting to Werner, by certified mail return receipt requested, a letter stating the two points above, and demand that they retract the entries on your DAC file. You did not meet the requirements at the time for an extension of employment, but you were not terminated by them. To claim otherwise is a complete an intentional act of dispelling a falsehood and illegal under the Fair Credit Reporting Act (FCRA). At the same time, I would file a written challenge to DAC Services, Inc, also sent by certified mail, return receipt requested, with the same information and demands that the entries be removed or amended to reflect the actual circumstances. If after thirty days have passed since the date that both parties have received your correspondence, file a complaint with the FTC for intentional acts of violation of the FCRA by both Werner Enterprises, and DAC Services, Inc. You can Google "USIS", then go to the home page, scroll to the bottom and click on "Consumers" for information on where to send your challenge. The FTC also has a website with an online form for filing complaints for FCRA violations. Don't let them get away with this. They are wrong, and they should know better. As soon as DAC Services, Inc. is made aware by you that you were never employed by Werner, they should immediately remove the entry provided by them. Just make sure to cite the two points of law above. Also include the fact that you were totally unaware that the legal prescription drug you were taking was prohibited under DOT regulations. You're hardly alone in that regard. I wish you luck in getting this fixed, and fast. Don't waste any time, and be firm in your resolve to make them remove the false information.

...because you were NOT an employee under any criteria, at any time, according to law. It is impossible to "terminate" someone who was never hired, or who could not have been hired due to the fact that they were not yet qualified under Federal rules of process in order to be hired. They are correct in that the DOT did list Chantix as a banned prescription drug. Their decision to end the process of qualifying you for employment was theirs and theirs alone, and not due to any requirement by the DOT. There are no time limits established as to how long it must have been since you took your last dose of Chantix, but you cannot actively take it and drive a commercial vehicle. It's unfortunate that they decided to take the opportunity to trash your record, simply for being unaware of this legal prescription drug prohibition, but it's another reason to stay away from this horrible company, because that is another of their fine reputations. They trash records of good people at every opportunity. There are two points of law involved here and they are on YOUR side; 1.) No trucking company can officially extend you an offer of employment as a commercial driver until you have completed the background investigation process, and from what you have offered, the process did not even come close to completion. 2.) You are also considered by law to have been an employee of a company if you have been paid any amount in wages or compensation. Under the above criteria, it was impossible and illegal for them to have listed you as having worked for them, and thus subject to termination. A third issue, and one that is also a violation of law, was the fact that they violated your privacy rights by demanding that you list medications you were taking for their perusal. That is only allowed by law to be requested by and disclosed to medical staff at the time you are taking a DOT physical. The company can inform you by providing a list of certain prohibited medications that you cannot be taking, but it is none of their business, nor legal to request or demand information of you arbitrarily, as to medications you are taking. Under the circumstances, I would demand a total retraction of all entries, or threaten a lawsuit. A dime store Lawyer would eat them for lunch. I would begin by submitting to Werner, by certified mail return receipt requested, a letter stating the two points above, and demand that they retract the entries on your DAC file. You did not meet the requirements at the time for an extension of employment, but you were not terminated by them. To claim otherwise is a complete an intentional act of dispelling a falsehood and illegal under the Fair Credit Reporting Act (FCRA). At the same time, I would file a written challenge to DAC Services, Inc, also sent by certified mail, return receipt requested, with the same information and demands that the entries be removed or amended to reflect the actual circumstances. If after thirty days have passed since the date that both parties have received your correspondence, file a complaint with the FTC for intentional acts of violation of the FCRA by both Werner Enterprises, and DAC Services, Inc. You can Google "USIS", then go to the home page, scroll to the bottom and click on "Consumers" for information on where to send your challenge. The FTC also has a website with an online form for filing complaints for FCRA violations. Don't let them get away with this. They are wrong, and they should know better. As soon as DAC Services, Inc. is made aware by you that you were never employed by Werner, they should immediately remove the entry provided by them. Just make sure to cite the two points of law above. Also include the fact that you were totally unaware that the legal prescription drug you were taking was prohibited under DOT regulations. You're hardly alone in that regard. I wish you luck in getting this fixed, and fast. Don't waste any time, and be firm in your resolve to make them remove the false information.

...because you were NOT an employee under any criteria, at any time, according to law. It is impossible to "terminate" someone who was never hired, or who could not have been hired due to the fact that they were not yet qualified under Federal rules of process in order to be hired. They are correct in that the DOT did list Chantix as a banned prescription drug. Their decision to end the process of qualifying you for employment was theirs and theirs alone, and not due to any requirement by the DOT. There are no time limits established as to how long it must have been since you took your last dose of Chantix, but you cannot actively take it and drive a commercial vehicle. It's unfortunate that they decided to take the opportunity to trash your record, simply for being unaware of this legal prescription drug prohibition, but it's another reason to stay away from this horrible company, because that is another of their fine reputations. They trash records of good people at every opportunity. There are two points of law involved here and they are on YOUR side; 1.) No trucking company can officially extend you an offer of employment as a commercial driver until you have completed the background investigation process, and from what you have offered, the process did not even come close to completion. 2.) You are also considered by law to have been an employee of a company if you have been paid any amount in wages or compensation. Under the above criteria, it was impossible and illegal for them to have listed you as having worked for them, and thus subject to termination. A third issue, and one that is also a violation of law, was the fact that they violated your privacy rights by demanding that you list medications you were taking for their perusal. That is only allowed by law to be requested by and disclosed to medical staff at the time you are taking a DOT physical. The company can inform you by providing a list of certain prohibited medications that you cannot be taking, but it is none of their business, nor legal to request or demand information of you arbitrarily, as to medications you are taking. Under the circumstances, I would demand a total retraction of all entries, or threaten a lawsuit. A dime store Lawyer would eat them for lunch. I would begin by submitting to Werner, by certified mail return receipt requested, a letter stating the two points above, and demand that they retract the entries on your DAC file. You did not meet the requirements at the time for an extension of employment, but you were not terminated by them. To claim otherwise is a complete an intentional act of dispelling a falsehood and illegal under the Fair Credit Reporting Act (FCRA). At the same time, I would file a written challenge to DAC Services, Inc, also sent by certified mail, return receipt requested, with the same information and demands that the entries be removed or amended to reflect the actual circumstances. If after thirty days have passed since the date that both parties have received your correspondence, file a complaint with the FTC for intentional acts of violation of the FCRA by both Werner Enterprises, and DAC Services, Inc. You can Google "USIS", then go to the home page, scroll to the bottom and click on "Consumers" for information on where to send your challenge. The FTC also has a website with an online form for filing complaints for FCRA violations. Don't let them get away with this. They are wrong, and they should know better. As soon as DAC Services, Inc. is made aware by you that you were never employed by Werner, they should immediately remove the entry provided by them. Just make sure to cite the two points of law above. Also include the fact that you were totally unaware that the legal prescription drug you were taking was prohibited under DOT regulations. You're hardly alone in that regard. I wish you luck in getting this fixed, and fast. Don't waste any time, and be firm in your resolve to make them remove the false information.