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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
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Experience:  20+ Years of Employment Law Experience
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can my employer make me use my car for work related delivery?

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can my employer make me use my car for work related delivery? it is not part of my employement requirments and i was not told when i was hired that i have to make deliverys when the company drivers are not there. i know my insurance will not cover it since i have told them my cars milage is for personal use not for business
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the law in ND, you are an at will employee unless you have a written employment contract to the contrary. An at will employer can make an at will employee perform any tasks that are required including making deliveries and using your personal vehicle to do so and your only recourse is to claim the mileage on your taxes for a mileage reimbursement. As far as insurance, you need to talk to your employer and ask they add your vehicle to their insurance rider and provide you a copy or you will have to add this to your own insurance. Unfortunately, as an at will employee, the law says you have to do what the employer directs or you can quit, since the at will employer can hire and fire for no reason or for any reason other than based only on your age/race/sex/disability and this would not be something you would have legal protection for I am afraid.

If you quit your employment for this reason, you have to prove the cost of adding this sporadic business use of your car to your policy would be an unreasonably high expense to the reasonable employee to make that reason constitute good cause for you quitting to make you eligible for unemployment.

This is a common situation for at will employees, but it is one the law says that the employee has no real protection over and you are going to have to make a choice of adding a rider to your policy if your employer will not or quitting and having to go to unemployment and argue on appeal that this was unreasonable and hence good cause for you quitting.

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