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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience:  Worked with employment legal group in major national corp.
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Can an employer make you drive a certain type of vehicle to

Resolved Question:

Can an employer make you drive a certain type of vehicle to work because they might ask you to run an errand?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

Is business driving a normal part of the work?

 

Is this a private employer or a government employer?

 

Do you have a written employment contract or a union contract?

 

 

Customer: replied 5 years ago.
No, they ask if we can help from time to time on making deliveries and pickups.

Private employer

A written contract that says the same thing as i stated above.
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

I need to be sure that this part is clear, so I will need to ask more questions about the contract.

 

You are a contract employee you say. Does this mean the entire term of your work is dated (for example, the contract says your work ends on a certain date)? Often employees may have a contract but that contract may still not mean they are a "contract employee" due to language within the "contract" that says the are "at will" employees.

 

Are you sure you are not an "at-will" employee?

 

Does the contract say anything about the need to meet specific employer needs or using specified equipment or obtaining employer approval?

 

 

 

 

 

Customer: replied 5 years ago.
I am an at will employee but i have had a contract or a list of duties that are given to me. My newest version of my duties has nothing in it about delivering or picking up parts. it does say at the bottom Other duties as assigned.
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

A private employer and employee can contract to require each other to perform certain duties, however, under the Constitution (and sometimes other laws) employers cannot "force" an employee to do certain things, such as change their means of transportation or stop smoking. HOWEVER, an employer may, if there is an employer need and as long as the requirement is not illegal, require employees to wear certain clothing, shave beards, or even drive particular vehicles, to work and, while an employer cannot force this upon an employee an employer may fire, reprimand, or otherwise respond to an employee refusal. Employees-at-will, of course, may be hired or fired at anytime, for any reason, or for no reason at all, except for illegal terminations (such as those for discrimination based on race, age, disability, etc.) or where a contract specifies that terminations will only occur for specific reasons.

 

 

 

Customer: replied 5 years ago.
Could they fire me if i said i will not drive my truck to work everyday but if needed i will to help the company if planned ahead of time?
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

Only an employer may answer something about what they will or will not do. It is a question only you can answer based on your experience and knowledge with the employer and the way they do business and manage employees.

 

 

 

 

Customer: replied 5 years ago.
i guess i'm asking would it be illegal if they fired me due to that circumstance?
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

There are few restrictions on the reasons a private employer may fire an at-will employee. Employees-at-will can be hired or fired at anytime, for any reason, or for no reason at all, except for illegal terminations (such as those for discrimination based on race, age, disability, etc.) or where a contract specifies that terminations will only occur for specific reasons. An employer who believes an employee is unable or unwilling to do a job or follow "job requirements" may normally be terminated by that employer (unless there is a contract or policy specifying otherwise). Further, even if an employer is later found to have made an improper termination and a wrongly fired employee can find recovery, that process may take years and will likely involve a civil case, not a criminal case. Unless there is a protected reason for not wishing to drive a certain vehicle, such as the Americans with Disabilities Act, a civil right, it is dangerous, or something of that sort there may not be a protection for an employee whose employers needs such a vehicle to be available.

 

 

Customer: replied 5 years ago.
the vehicle is available just 25 minutes away. so i can go get it if needed
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

That would be up to an employer to determine if it meets their needs. From a legal perspective, a court may find that time period to be okay or may say that timeliness is important and an employer should not have to wait for work to be done.

 

 

Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience: Worked with employment legal group in major national corp.
Jane T (LLC) and 2 other Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
thanks

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