Happy Birthday America!
Independence Day in the U.S., is an annual holiday commemorating the formal adoption by the Continental Congress of the Declaration of Independence on July 4, 1776, in Philadelphia. Although the signing of the Declaration was not completed until August, the Fourth of July holiday has been accepted as the official anniversary of U.S. independence and is celebrated in all states and territories of the U.S.
The holiday was first observed in Philadelphia on July 8, 1776, at which time the Declaration of Independence was read aloud, city bells rang, and bands played. It was not declared a legal holiday, however, until 1941. The Fourth is traditionally celebrated publicly with parades and pageants, patriotic speeches, and organized firing of guns and cannons and displays of fireworks; early in the 20th century public concern for a "safe and sane" holiday resulted in restrictions on general use of fireworks. Family picnics and outings are a feature of private Fourth of July celebrations. (Read more at History.com)
Mail Bag
From: dotjobhistory.com
Sent: Monday, June 15, 2009 11:37 AM
To: jobs@truckdriver.com
Subject: Criminal Records
Good letter and response below.
From : J
Sent: Monday, June 01, 2009 7:35 AM
To: jobs@truckdriver.com
Subject: (no subject)
Hi troops,
I attended a truck driving school, passed the test and received my license. However, I have a misdemeanor on my record. I told the school about this before I started the classes and was told not to worry about it, misdemeanors don't count.
Well, I never got a job and was told it is because of my record. I think the school ripped me off taking my money knowing my record and now will not give back the money.
I think it is terrible - what do you think?
_____
Editor: That certainly is unfortunate, without knowing the specifics it’s hard to know what to think. Most carriers have policies/guidelines regarding criminal convictions. Depending on the nature and the age of the conviction, some carriers will accept applicants who have misdemeanors in their past. Carriers who require their drivers to deliver in Canada typically don’t accept any criminal convictions.
The placement director at your driving school should be able to point you in the right direction. If not, you will need to contact each carrier and inquire about their policy on criminal convictions.
__________
The biggest missing info in the letter was "type of misdemeanor". If this was a DWI, I can understand why the misdemeanor is a block.
In any event, thought this would be a good follow up.
Criminal Records, Part II
“You know, if we did that, they’d worm us.”
One old dog to another as they watched a couple of kids break dance.
Driver applicants with criminal records, like dogs and kids that dance around, will be treated differently. The reason one driver gets the job and the other doesn't’t depends on several factors. Severity, job relatedness, timing and certainty are the main factors.
Severity
Severity means “How bad was the crime”? Criminal actions are separated into two broad categories: felonies and misdemeanors.
A felony is more serious than a misdemeanor and is usually defined as “A serious offense carrying a penalty of incarceration from one year to life in prison, to the death penalty.”
A misdemeanor is usually defined as “An offense of a minor degree, anything less than a felony.
Job Relatedness
A “minor” crime or misdemeanor may be more pertinent or job related than a serious or felony crime.
How?
Say you own a construction company and need some extra hands at an excavation project. One individual applies for a job, looks good, but has a conviction for felony embezzlement. Should you automatically reject the guy? After all, if the person wants to slyly peek around and sneak a dirt clod or two in his pocket to take home, what of it?
On the other hand, assume you are hiring drivers to haul away the dirt fill that Mr. Sticky Fingers hasn't put in his pockets. One person who applies for this position “just” has a misdemeanor on his record: a “Driving While Intoxicated” (DWI) conviction. If you hire this individual and he has an accident that injures someone while drinking, you might as well buy a mirror and start practice saying, “it was just a misdemeanor” without looking dumb. Good Luck.
The point? Severity and job-relatedness should be considered together.
Timing
The older the crime (with good conduct since) the less relevant. There is a big difference in a crime committed 20 years ago and a crime committed 2 months ago.
Certainty
Did the person do the crime?
Several important terms:
Arrest: Taking an individual into custody by law enforcement for the purposes of charging them with an illegal act.
Conviction: Guilty verdict in a jury trial.
Disposition: The final settlement in a matter. This can be a conviction, finding of innocence or acquittal.
Arrests are different than convictions because in the United States, we are presumed innocent until proven guilty. Agencies that sell criminal records to employers aren't’t even supposed to give employers arrest-only records that are older than 7 years. Employers need to understand the difference. If you were arrested—but the disposition of your case was not a conviction—employers cannot hold that against you without walking a legal tightrope.
To summarize, a criminal record should be evaluated by employers in terms of severity, job-relatedness, timing and certainty.
Based on the results of the TruckDriver.com Picnic Basket Survey , picnics are faring much better than baseball! Here’s what you told us:
Will you have a family picnic this summer?
Yes……….51% (compared to 19% attending a major league baseball game)
No………..27%
Doubtful…22%
Since we already know from the 4 th of July article above that many people celebrate the holiday with a picnic, we thought we would offer up the TruckDriver.com Up in Smoke Survey. Use only with adult supervision!
Until next time, keep on truckin' and please drive safely.
Your Comments Are Always Welcome
We do like to hear from you and invite you to let us know how we can improve the e-Report. Please send your ideas and suggestions to: jobs@truckdriver.com
