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I get paid mileage compensation for driving to jobsites that are away from the office (often over 1000 miles). My employer now requires me to haul the equipment needed since I recently bought a pickup, and he doesn''t want to purchase a company vehicle. Can he require me to haul the equipment, and if so, am I entitled to more than reqular mileage reimbursement for damage being done to my vehicle?

Submitted: 514 days and 1 hours ago.
Category: Employment Law
Value: $15
Status: AWAITING CUSTOMER ACTION
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Hanford, California

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Posted by Gloria M 514 days ago.

Answer

Hello XXXXXXXX,

If this is expensive equipment, you may want to ask your insurance company if they will cover the equipment if it gets damaged in an accident, particularly where you are negligent (accidents happen). You may also want to ask your insurance company if they will cover any part of your accident, or if there is an exclusion, where you are hauling material for an employer to a jobsite. If your insurance coverage would not cover commercial hauling, you have a good reason to tell your boss that you will not haul the equipment to a jobsite.

Further, from what you write, your employer may actually be having you engage in commercial hauling. If it requires a pickup truck to haul the equipment, then you are likely hauling a fair amount of equipment. And you are being paid to do so - not much, but you are being paid. From what you write, then, your drivers' license might not cover you for commercial hauling.

To find out if it does, you may want to contact the California DMV to determine if you need to upgrade your drivers' license to a commercial license, based upon your hauling of equipment for your employer.

Or, if you don not really want to haul a truck full of equipment for your employer, if you are required to have a commercial drivers' license to haul what you are being asked to haul, you could tell your employer that you do not have the needed commercial drivers' license.

Please ACCEPT. Positive feedback and bonuses are appreciated!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.

513 days and 22 hours ago.

Reply

I guess what I would like clarified is whether or not my employer can require me to drive my pickup (I also have an economical car that I normally drive) in order to haul the equipment so that he doesn't have to buy a work vehicle. It also saves him the expense of shipping it. I haul very expensive equipment for the company and have to be careful with it - security cameras, tools and everything needed to do installations.

Accepted Answer

Hello XXXXXXXX,

An employer cannot require an employee to violate the law.

From what you have shared here, your employer has possibly turned you into a commercial trucker. If you do not have a commercial license and if you need one to do what you are doing, that would be a violation of California law. If you contact the DMV, and discuss what you are carrying and what you are paid, they will tell you if that requires a CDL.

Please ACCEPT. Positive feedback and bonuses are appreciated!

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.






Edited by Gloria M on 6/11/2008 at 4:25 PM

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Expert: Gloria M
Pos. Feedback: 99.2 %
Accepts: 437
Answered: 6/11/2008

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Attorney for 22 years. Labor and Employment. Former Administrative Law Judge.

513 days and 21 hours ago.

Reply

Hi, thanks for the answer. Just one more quick question. I asked the DMV, and my license is fine. The problem is that when I got the job, my employer said that I had to have a vehicle to get to job sites. At the time, I was not hauling equipment. When he found out that we bought a pickup, he now wants me to haul equipment. Can he require me to drive a specific vehicle other than the one I was driving?

Posted by Gloria M 513 days and 21 hours ago.

Answer

Hello XXXXXXXX,

There is no law that protects an employee from being told by an employer that they want you to drive a specific type of vehicle. But you can refuse. You can tell him that you cannot afford to drive the truck with gas prices as high as they are, nor can you afford the extensive wear and tear on the truck that hauling his materials would require.

If he fires you for that refusal, and if you have been employed with him sufficiently long, you may file for unemployment and look for a more reasonable employer. He would then need to hire someone with a truck who is willing to haul his equipment cheaply, at a financial loss to themselves.

Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.



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