Your responsibilities as a former employer and more
Did you know, even after an employee is gone, you still have obligations? When a company reaches out to you about an ex-employee, it is strongly requested for you to respond.
The law surrounding this is murky at best and can be misinterpreted. But as a responsible fleet owner, you have the unspoken responsibility to ensure safe and courteous drivers are on the road. So, if you had a driver who ran 6 cars and a truck load of penguins off the road, all because he was reaching to his passenger seat for his lighter so he could light a cigar, you should tell the next employer.
If you are on the other side of this coin and you are requesting information, it is also highly recommended you report and take note of companies unwilling to respond. You need to keep this in your records as a “good faith attempt” at getting the driver’s history. (§391.23 c)
FMCSA blog post
Navigating FMCSA Regulations: A Guide For Hiring Agents
Part 2
Introduction:
As a former employer, your responsibilities extend beyond the departure of an employee. While there might not be a legal obligation to provide information about a former employee, we do need to work together and hold the industry to a higher standard. This becomes particularly crucial in industries like trucking where the actions of drivers can have significant consequences.
The Power of Information:
- When a prospective employer reaches out to you for information about a former employee, it’s essential to recognize the power of the information you hold. While there may not be a legal mandate, the ethical responsibility to share relevant details becomes paramount.
Prioritizing Safety:
- Safety on the roads is a shared responsibility. If your former employee exhibited unsafe behavior, such as causing accidents due to distractions like running 6 cars and a truck load of penguins off the road, all because he was reaching to his passenger seat for his lighter so he could light a cigar, it’s crucial to communicate this to potential employers. This information can play a vital role in preventing future incidents and promoting a safer work environment.
Good Faith Attempts:
- For employers seeking information about a potential hire, documenting your efforts is essential. Keeping records of communication attempts and noting companies that are unwilling to provide information can serve as a “good faith attempt” at obtaining a driver’s history, demonstrating your commitment to responsible hiring practices (§391.23 c).
Building a Culture of Accountability:
- By actively participating in the sharing of relevant information, former employers contribute to building a culture of accountability within the industry. This not only helps in weeding out potentially risky hires but also encourages a collective commitment to prioritizing safety.
Legal Considerations:
- While there might not be a legal obligation to share information, it’s crucial to be aware of potential legal consequences if you provide inaccurate or misleading details. Striking a balance between transparency and legal compliance is key to fulfilling your responsibilities as an ex-employer.
As a former employer, your role in promoting road safety and responsible hiring practices is pivotal. While there might not be a legal mandate, the unspoken responsibilities you bear can significantly impact the well-being of the community. By prioritizing safety, maintaining good faith attempts at obtaining information, and contributing to a culture of accountability, you play a crucial part in shaping a safer and more responsible industry.
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Disclaimer: This blog post is intended for informational purposes only. For specific legal advice or compliance concerns, it is recommended to consult with legal professionals familiar with current regulations.
By James M. Floto