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My boss is going to discipline me because I did not

My boss is going...

My boss is going to discipline me because I did not volunteer to use my personal vehicle (my pick up truck) to go pick up a load and deliver it to a customer. I have no CDL. Will my personal insurance even cover this?

Lawyer's Assistant: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?

He sent the HR manager down to me to warn me of the upcoming confrontation.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

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

This does not seem legal. Wouldn't I be putting both parties at risk?

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Answered in 1 minute by:
3/26/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,245
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

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Customer reply replied 28 days ago
Did you read the situation

I'm sorry about your situation. So, your supervisor cannot require you to use your personal vehicle to make deliveries for the company. You could agree to do so if you would like and your employer is required to reimburse you for the mileage and compensate you for the time that you spend making the delivery.

Depending on the load, you may or may not need a commercial driver's license. If you suspect you need a CDL. If the load is over 26,000 pounds, then you'll need a CDL. Anything under generally doesn't require a CDL. Your personal insurance could cover you if you get into an accident even if you are doing something for the business as well. Your insurance is meant to protect you in the case of any accident for any reason.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 28 days ago
The load is not over 26K. I'm trying to understand what my rights are and what risks exist if I were to have volunteered to do this. . My boss will fry me over this as he feels that this is "expected" behavior even though he never even asked me to do it. Since it is expected, I should have volunteered. Instead, he took the load and will fry me over the fact that I should have known to volunteer long before he did it himself. The reason that it is expected is that I have a pick up truck.

I see what you mean. Well, you're not required to use your personal vehicle for these things unless you agreed to do so at some point. Your boss may get mad and your boss even has the right to terminate you if they like and, sadly, it'd be legal for him to do that. But just know that if you don't want to put your vehicle at risk, you have the right not to do so despite the consequences. Also, keep in mind a CDL won't be needed and your insurance will still cover you if you get in an accident.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 28 days ago
pretty much, he can ask me to do whatever he chooses in this case and I pretty much have no rights.

I think I may be miscommunicating:

You do have rights. You have the right to not use your car for this work-related purpose. But this does coincide with the employer's right to terminate a person for any reason at any time. Even if you did use your car, if your employer didn't like how you did it, then they could still terminate. Basically, the right to terminate by an employer is always on the table. But they don't have the right to force you to use your personal vehicle for a work-related purpose.

The bot***** *****ne is that you could refuse to use your vehicle and you may need to consider the consequences of doing so. I won't lie: it's a very difficult situation that you're in and I don't envy you. So, it's important to consider a) whether you want to keep this job; b) whether using your own car is a big deal; and c) what other options you could present to your boss (e.g. using his car, renting a truck, etc.) that may resolve this so you can keep your job and also do what he wants.

Does that make sense?

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Customer reply replied 28 days ago
I do understand. Options were already presented such as those you have referred to no avail. He never even asked me to do it. It is simply "expected" behavior and he got with HR as he left to get with me that upon his return, I will be spoken to appropriately.
Customer reply replied 28 days ago
I was never even given the opportunity to decline or accept.

I'm very sorry to hear about that. One thing that you could do is ask them if they would reimburse for a rental vehicle. This may help you keep from having to use your truck. I had a pickup for years and I know what it's like when people ask you to do things. So, sometimes just renting a truck on their dime may be helpful. It may cause them to reconsider. It may not, but it'll at least keep you from having to succumb to their demands for something like this.

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Customer reply replied 28 days ago
Thanks again. I will be happy to provide rating. I do not see a direct customer care #. Do you have that info?

Sure thing and thank you!

You can always contact Just Answer’s Customer Care team by clicking here or calling them at 1-***-***-****.

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Category: Legal
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