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Our company has employees working in the Chicago area that…

Customer Question
Our company has employees...

Our company has employees working in the Chicago area that plan to travel home for Thanksgiving to Wyoming, they will not be paid for the travel. Our vehicles, 3/4 and 1 ton are regulated by DOT which restricts travel to limited hours but does provide that team driving is admissible. As a company we have adopted the DOT regulations for personal use with a little adaption, requiring no team driving because it is not a sleeper berth and the relief driver starts our with a sleep deficit .All employees have been provided training on our policy concerning personal use rules. The employees intend to rent a vehicle to travel home and utilizing team driving.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Didn't mean to hit enter. Home area is Wyoming and job site is Illinois. My question is our customer has agreed to pay for the rental vehicle by our company billing them for it. Does this create a liability for our company?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will and full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Employees plan to use a credit card to pay for car rental that our company uses to get per Diem to the employees

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 day by:
11/19/2017
Employment Lawyer: Marsha411JD, Lawyer replied 8 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,925
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for your post, however, I am unclear about exactly what kind of " liability" you are asking about. Can you be more specific about that and also, are you saying that there is a Company that your workers are contracted to that will pay for the employee's rentals to go home as part of the overall contract between you and the Company?

Please note that I will be away from my computer for most of the day, but will respond as soon as I become available to your answers to my information request.

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Customer reply replied 8 months ago
I don't think we would have any liability from worker's compensation nor does it affect our DOT requirements since the employee would be paid per diem to stay in Illinois, it is the employees choice to travel home. My concern is the liability in the event of an accident if we are funding the trip from our company funds would that create a civil liability even though we are not endorsing the travel or the choice to team drive that our company considers unsafe? Our company training suggests if they want to travel home and not follow our rules for driving a company vehicle for personal use they rent a car, take a bus , train or fly, funded solely by the employee.If the customer is willing to pay for the rental does that shift the responsibility back to our company? Our contract with the customer is time and materials so I assume the project manager is suggesting we bill the amount as a materials charge or something not related to a car rental. There is no contract or anything that would bind our customer for holiday travel.Should our company have employee's sign some kind of waiver for personal use of company vehicles?
Employment Lawyer: Marsha411JD, Lawyer replied 8 months ago

I apologize but you are asking for a legal opinion and legal advice, which this Site, nor my Bar ethics rules, allow me to give to you since I am not your attorney. We can provide general legal information about a legal issue, but not what you are asking for, especially without all of the specific agreements, etc., in front of us. I will opt out of your question and maybe there is another Professional that feels more comfortable with giving you an opinion. If someone is willing to do that, they will contact you with their answer. Thank you for your patience.

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