When Past Employers have Gone out of Business: Proving Your Employment History—Correcting Your Employment History

The most terrifying words in the English language are: I'm from the government and I'm here to help.”---Ronald Reagan

I have received multiple emails from drivers recently with questions regarding a past employer that has gone out of business. The questions have primarily been in two areas. I’ve chosen two representative emails to address the issues.

1. I had a previous employer go out of business. When I apply for a job, potential employers always ask for 10 years of employment history and they must verify all driving employment within that time. In addition, they must verify all employment of the past three years regardless of whether or not it was a driving job. How can I prove employment if there’s no company left to provide the verification? The Department of Transportation Safety Regulations require employers to perform these past employer investigations. If the employer has gone out of business, the potential employer must document their attempt efforts and what they discovered. That may or may not help you. There’s a chance the employer may be listed on your USIS DAC report—but almost certainly won’t be listed if your previous job was not a driving position. So how do you prove that you worked for this company and weren’t, say, incarcerated? In this case, believe it or not, the Federal Government may be able to help you. How? If you were legally employed, they will have record of your employer, the employer’s former address, the year in which you worked for that employer and your earnings with that employer. If you have copies of your W-2 forms readily available, the employer may accept these. (If not, DOTJobHistory can obtain the past 5 years of this information for you within the next business day---www.dotjobhistory.com.)

2. I had a previous employer who I’m afraid put bad things on my “DAC” report. The company is no longer in business. Is there any way I can get this information taken off? Absolutely. In fact, this is about the easiest circumstance in which negative information can be taken off your USIS DAC report. If there is negative information on your report, you should dispute the accuracy of the information. That triggers certain actions USIS (which under law is a “Consumer Reporting Agency”) must take under the Fair Credit Reporting Act. Specifically, USIS must investigate the information reported by the defunct company and if they cannot verify the information, (which they will be unable to do) delete the information.

To quote the Fair Credit Reporting Act: § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]
5) Treatment of Inaccurate or Unverifiable Information
(A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall–
(i) Promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and
(ii) Promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

Of course in this instance, their will be no furnisher to notify, but no matter, the derogatory information will be deleted from your record.