Maverick Transport fined $130000 for false information on Dac Report

by William
(Columbus, OH)

Judge Finds Maverick Blacklisted Driver on DAC; Carrier Must Pay Damages, Fix DAC


JUDGE FINDS MAVERICK TRANSPORTATION BLACKLISTED DRIVER, AWARDS DAMAGES AND ORDERS CORRECTION OF DAC REPORT.

In a decision issued on October 28, 2010, Judge Russell Pulver of the United States Department of Labor held that Maverick Transportation, LLC, a carrier based in North Little Rock, AR improperly blacklisted one of its former truck drivers, Albert Canter, by showing on his "DAC Report" that he had abandoned a truck. Canter had refused to drive the truck because it had been cited by a commercial vehicle enforcement officer for having a power steering fluid leak and an air hose not protected against chaffing in violation of several commercial vehicle safety regulations. Judge Pulver found that Maverick violated the Surface Transportation Assistance Act ("STAA") which prohibits discrimination against drivers because they have filed complaints related to violations of commercial vehicle safety regulations or because they have refused to drive in violation of a commercial vehicle safety regulation.

Canter found out that he had been blacklisted on his DAC Report nearly 5 years after Maverick placed the note that he had abandonment of the truck on his DAC Report. The STAA provides that a claim of discrimination must be brought within 180 days of the discriminatory act. Judge Pulver's decision for Canter is significant because it held that the 180-day period to bring a claim under the STAA begins to run from the time the driver discovers that he has been blacklisted.

In November 2003, Canter was in Ohio en route to Virginia transporting a load for Maverick when he was involved in a crash resulting in the death of a motorcyclist who had been knocked off his bike by a deer ahead of Canter on a highway. Canter was not found to be at fault in the crash. A Pennsylvania State Trooper inspected Canter's assigned truck and found that two brakes were out of adjustment, the power steering box had a fluid leak, a brake hose was chaffing on a wire tie causing visible wear and dunnage under the trailer was secured only by a rubber strap. Canter was allowed by law enforcement to drive the truck home after the brakes were adjusted.

Maverick allowed Canter to drive approximately 70 miles to his home from the crash scene in order to deal with the stress of having just been involved in a fatal crash. Canter remained at his home for about one month, after which he informed Maverick that he was quitting. Canter refused Maverick's instruction to drive the truck more than 200 miles to an Ohio terminal citing the "deadline problems" found by Pennsylvania Law Enforcement.

As a result of Canter's refusal to drive the truck with the power steering fluid leak and improperly secured air hose, Maverick noted on Canter's DAC Report that he had abandoned the truck and that he was not eligible for re-hire by Maverick. Canter did not discover that this information was on his DAC Report until nearly 5 years later when he suddenly found it difficult to find work as a driver. Canter disputed this information with USIS, which asked Maverick to respond to the dispute. Maverick's "Re-Hire Committee" decided that the notations of truck abandonment and Canter's ineligibility for rehire should remain on his DAC report.

Canter then brought a claim for blacklisting against Maverick under the STAA by filing a complaint with OSHA. OSHA denied Canter's claim finding that it was untimely. Canter objected to OSHA's decision and Judge Pulver was assigned from the Department of Labor to conduct a formal hearing. In finding that Canter's claim was timely, Judge Pulver stated that "Canter presents the more compelling argument that the 180-day statutory period began running upon receipt of his DAC report. Although the report was prepared in early 2004, Canter could not have been aware of the contents in the report given that he had already voluntarily terminated his employment with Respondent."

Judge Pulver also found that the posting of the adverse information on Canter's DAC Report was done in retaliation for Canter's legally-protected work refusal finding that "there is compelling testimony in the record that driving the truck would have resulted in violation of DOT regulations." Judge Pulver also found that Canter's refusal to drive was protected because "Canter had a reasonable apprehension that driving 200-250 miles to the Middletown, Ohio terminal could result in serious injury to himself and others."

Judge Pulver awarded Canter more than $55,000 in wage loss damages and $75,000 in emotional distress damages resulting from Maverick's retaliatory blacklisting. He also awarded Canter his attorney fees and costs. Judge Pulver ordered Maverick to post a copy of his decision at all of its terminals. Finally, Judge Pulver ordered Maverick to remove abandonment from Canter's DAC Report and to pay him $ 585.70 weekly until it does so.

Paul O. Taylor is an attorney with Truckers Justice Center in Burnsville, MN. Mr. Taylor represents trucker drivers in employment related cases. He can be reached at 651-454-5800 or at www.truckersjustice.com.

Comments for Maverick Transport fined $130000 for false information on Dac Report

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Mar 13, 2013
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Maverick
by: Anonymous

Was recently let go by Maverick. I filed for unemployment. I found out today that my claim hadn't been processed because Maverick reported that I quit. This is far from the truth. I was told that there was no work on day and on the next returned to the docks and began working. An hour after getting there I meet a guy who said he was my replacement and an hour later got a call from my supervisor saying that I had been let go. This company is shady. After talking to the case worker for my unemployment claim I was informed that this wasn't the first time someone complained about the company making a false report.

Dec 17, 2011
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DAC working over time to stop Ex Felons From Working
by: Anonymous

I have been out for about 10 years gone to school after school .I can not even get a class A job due to the DAC reports of my crimnal pass suppusedly companies give ex felons a chance after 7 to 10 years .Well I guess I wasted my money does any one know hte address to the DAC when this Jesus comes back I want to help him get his revenge over the wicked sheep.

How are the over 65 million men in America with a felony record going to make it The Crime Free Housing Iniative bans us from housing .Now we have the DAC and even the state working over time to get more grant money for programs to force us back into prison .I guess people rip what they sow.

Oct 27, 2011
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Ruined.
by: Anonymous

I was an owner operator with two trucks bought and paid for with no payments. Spring of 2008 I decided to cancel my hauling contract with a company. They formulated fraudlent bills, hired bill collectors, ruined my consumer credit, and falsely claimed on my DAC that I was an unsafe driver. (No accidents & clean MVR)

I have subsisted for over three years without work but am now literally facing starvation. And people wonder why some people end up as "Crazies" on the national news.

Jun 03, 2011
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Legal Issues, Join me! Let's fix things in the industry.
by: Anonymous

I'm taking on a legal matter that involves this as well, along with discrimination of a disabled person, and wrongful termination. I also plan on going after Hire Right if possible. There's tons of online evidence showing that Hire Right Collaborates with the larger trucking companies in order to blackball drivers and make sure that, drivers the company didn't like or had issues with, that they can retaliate, by reporting anything they wish, with no regards to the former employees well being, life, or personal finances, etc... Think i've located a few attorneys, but i'd love to turn this into a class action suit. If anyone had issues that are similar to mine in referrence to the false DAC reports, and reporting issues, please contact me. Not sure if we're allowed to list e-mail addresses on here or not, but regardless i'll type it this way. My email is cybersax18 at gmail dot com. Just put all that together, and you have my email addy. I can also be reached on my cell at seven three one two nine eight one three zero six.

Mar 11, 2011
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Perkins Logistics & Specialized Transportation LLC
by: Ripped Off Driver

Perkins Logistics & Specialized Transportation LLC

Individualized attention you will not find we are all about ourselves and money at any cost.
We’re small enough to be able to work with all of our drivers on a personal basis by scamming them with lies to them and ripping them off. At Perkins, drivers are a number. We take the time to rip off every one of our drivers. Perkins’ personnel go the distance to understand each driver’s capabilities and how to further their debt bondage to us. With this, the driver is more unsuccessful and we prevail by huge profits.

We’re not a driver friendly organization

Think of us as your worst enemy in your wallet. Our relationships with drivers are based on making us successful. We have teams of people that work behind the scenes to increase our success potential – everything from profitability to ignoring safety compliance to cash flow. In short - when we are successful, we are successful. It’s that simple.

We’ve put a real “A” team together with a support program that speaks for itself. Here are some of the features that make only us successful and our drivers bankrupted.

Profitability: We continuously monitor and review utilization – miles and revenue per week – to ensure that the driver stays broke and
generates more revenue for Perkins Transportation.

Safety and Legality: We work tirelessly to maintain noncompliance with the
U.S. Department of Transportation to ensure that every driver is operating

at the highest chance of being inspected by D.O.T. check out or safety rating at their website

Scheduling and business development: Our account representatives work every day on scheduling and generating new business offering below market value freight and making our drivers pull it free for us.
Try the Truckers Justice Center they handle these cases.

Jan 12, 2011
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Perkins logistics &Transportation Specialized
by: Carol C

Perkins logistics &Transportation Specialized are a "Rip Off"! Check these crooks out before you ever think about signing on. I can not believe they are allowed to operate this scam.

Jan 05, 2011
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Perkins Specialized Transportation being found out!
by: T,Mann

I see that some one else has also been ripped off as many by Perkins, I must say that their name is getting around as a scam operation and that is good. All of us drivers need to keep each other informed to help prevent people like the Perkins criminals from getting a free pass to rip use off. Also if you were scammed by them and quit CHECK YOUR D.A.C.report. You most likely will find derogatory and false information entered against you, Perkins retaliates by doing this. I am getting ready to file a civil suite against them and notifying Law enforcement about their Criminal Enterprise. One thing is certain when a sopenea is issued to D.A.C. to show how many former drivers have received derogatory Info from Perkins, I believe the courts will have no problem seeing their black listing practices and awarding damages. Please go to the truckers report. com and post your complaints also.

Jan 05, 2011
Rating
starstarstarstarstar
Perkins Specialized Transportation being found out!
by: T,Mann

I see that some one else has also been ripped off as many by Perkins, I must say that their name is getting around as a scam operation and that is good. All of us drivers need to keep each other informed to help prevent people like the Perkins criminals from getting a free pass to rip use off. Also if you were scammed by them and quit CHECK YOUR D.A.C.report. You most likely will find derogatory and false information entered against you, Perkins retaliates by doing this. I am getting ready to file a civil suite against them and notifying Law enforcement about their Criminal Enterprise. One thing is certain when a sopenea is issued to D.A.C. to show how many former drivers have received derogatory Info from Perkins, I believe the courts will have no problem seeing their black listing practices and awarding damages. Please go to the truckers report. com and post your complaints also.

Jan 05, 2011
Rating
starstarstarstarstar
Perkins Specialized Transportation being found out!
by: T,Mann

I see that some one else has also been ripped off as many by Perkins, I must say that their name is getting around as a scam operation and that is good. All of us drivers need to keep each other informed to help prevent people like the Perkins criminals from getting a free pass to rip use off. Also if you were scammed by them and quit CHECK YOUR D.A.C.report. You most likely will find derogatory and false information entered against you, Perkins retaliates by doing this. I am getting ready to file a civil suite against them and notifying Law enforcement about their Criminal Enterprise. One thing is certain when a sopenea is issued to D.A.C. to show how many former drivers have received derogatory Info from Perkins, I believe the courts will have no problem seeing their black listing practices and awarding damages. The case above is a preceden. Please go to the truckers report. com and post your complaints also.

Dec 14, 2010
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Perkins Specialized Transportation in Noblesville IN
by: Anonymous

Perkins Specialized Transportation in Noblesville IN
Posted 4 Hours Ago at 06.00 PM by irishceltic55
Attention All Drivers,

Please do not ever sign A LEASE PURCHASE WITH THIS COMPANY.....BAD.....
DO NOT LISTEN TO THE RECRUITER ANGELA HARLOW, OR THE JOHN HENRY....

TOTAL LINE HAUL FOR TRUCK IS 68%, AND THEN YOUR DEDUCTION BEGIN.....

DOES NOT GIVE AN ACCURATE ACCOUNTING WITH ACTUAL RATES......

MY GOAL IS TO NOTIFY EVERYONE, EVERYWHERE ON EVERY SITE.....

EVERY PERSON THAT WE SPOKE TO HAS NEVER .....I MEAN NEVER RECEIVED A PAY CHECK.....THERE FLATBED DIVISION ON 2 AVAILABLE......BUT BOUGHT 15 GUYS.....YOU UNLOAD FURNITURE.....

PLEASE CONTACT ME BEFORE YOU THINK ABOUT THIS....ALSO PLEASE CONTACT ME IF YOU KNOW ANYONE WHO HAS BEEN AFFECTED BY THEIR DECEPTIVE PRACTICES....

BE SAFE....BE SMART....AND WHATEVER YOU DO....DO NOT GO WITH THIS COMPANY

Nov 16, 2010
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Great win
by: Anonymous

Great win now look at these guys maybe some other former drivers can get together and stop the.

Perkins Specialized Transportation Noblesville IN
1-Scam lease purchase program. 2-Steal all your money and under pay for trip loads. 3-Keep your truck in red so you can owe them money each week and have no pay check. They have drivers who have received no pay checks for months, drivers who lost their homes, drivers are threatened with bad DAC reports if they don’t do what they ask regardless of safety and the law. These people are scam artist and organized crime comes to mind when you do some checking. Check them out on the web.

Do not work there they will rip you off, turnover rate is 98% they bring in 8 to 16 new drivers a week and only operate 189 trucks a roll over scam no money no pay and the worst safety rating of any company with D.O.T. check it out a the U.S. D.O.T. web site. They lease the same trucks over and over and are making a killing of f the sweat of hard working people.

These people need to be criminally investigated



Oct 31, 2010
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Its about time
by: Anonymous

Its about time these companies were held accountable for false information.

Did you notice the attorneys name phone number and web address at the bottom of the page.

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