Compa policy, termination from driving when off clock

[Fast LT1]

So today I learned that employees could be terminated for poor driving when they are not at work, ie day off... Anyone heard of something like this? I'm a tech at a nationwide store. I would think this would be grounds for a potential lawsuit...

 

[StanBo]

Do you drive a company car? I know it is a policy for CDL drivers. I know my company keeps track of my driving record yearly and I am a non CDL driver.

 

[NUTTSGT]

I don't think you would win your lawsuit.

Think of it this way, some places require you to have a driver's license as part of a job. Whether it be a tech to test drive a car before/after working on it or a paramedic driving an ambulance. During those times you're driving, you are covered by their company's insurance. If you have multiple tickets or accidents, it costs them more to insure you in their fleet of vehicles.

That being said, would you want somebody prone to accidents driving your new car that came in for warranty work or a paramedic driving you to the hospital that has 4 speeding tickets and a failure to control ?

 

[LSU]

If you're covered by your employer's health insurance the employer has the right to "check on your lifestyle". If you're ticketed for driving your crotch rocket 140 MPH, the insurance company might decide it doesn't want to have to pay for your long term rehab if you kiss the guard rail.

If you operate a vehicle (company or private) for work - you go out and make sales calls and have an accident - the company is on the hook for the liability.

Railroad engineers, pilots, marine pilots, CDL - all of these folks are forever concerned about speeding tickets, etc.

Also, if you're scheduled on your employer's driving insurance policy and the company's vehicle rates are going to rise because of your driving record, the employer most likely can decide it doesn't need you any more.

If you're on a customer's property or job site, the customer can regulate who gets to driver motor vehicles or operate equiptment on the job site.

Also, if you're operating a forklift or anytype of motorized pallet jack the employer might want to see what type of operator you are.

When we hire folks we always require a written authorization to run their driving records.

 

[Fast LT1]

No Personal cars. Basically if someone sees you driving poorly, employees can report you and you can be terminated.

 

[wornoutoldman]

They have to catch me first!

 

[MoparTrucks]

Before we moved to the Ozarks I had a side job in a state without helmet laws and we were informed that if we rode motorcycles without a helmet (even though it was legal) we would be terminated. It caused quite a stir because a bunch of us used to ride together and we didnt always wear helmets but we found out there was nothing we could do about it. They were also starting to enforce a no tobacco rule, as in cant use tobacco even in your off time, and were going to add nicotine to the drug tests we took. I left before that was fully implemented but I think your going to see more of this as companies (or the gooberment) try to curb health care costs.

 

[Air_Cooled_Nut]

Fast...LT1...you like speedy Corvettes? Then I could understand your concern.
Back in high school our driving instructor had zero automobile infractions. He told us if he got one, just one, he could no longer teach it. Ever. He was also one of the original Green Berets. Go figure.

You think a driving record nanny is bad? When I apply for some jobs/contracts (generically put, I'm a computer programmer) I get a background check that includes my credit history ALSO! Reason being that if I get the contract I'll be privy to financial records, social security numbers, and other personal information that I could use for my own nefarious financial gain. The thinking is that someone in financial dire straights is more likely to misuse the confidential data than someone who is doing okay.

I'm also subject to piss tests so the hardest drugs I take are aspirin, Pepto Bismol, and 15 year old Scotch. ****, that came out wrong, now I sound like an alcoholic...

 

[Air_Cooled_Nut]

Before we moved to the Ozarks I had a side job in a state without helmet laws and we were informed that if we rode motorcycles without a helmet (even though it was legal) we would be terminated...

When I was in the Navy we were required to wear a helmet, gloves, and boots. Heaven help the poor soul who didn't comply! They were also trying to phase out nicotine but I was lucky enough to get out before they tried that ****.

 

[hifi_hokie]

I'm also subject to piss tests so the hardest drugs I take are aspirin, Pepto Bismol, and 15 year old Scotch. ****, that came out wrong, now I sound like an alcoholic...

That's just the Tom Waits Diet.

 

[brownbagg]

at my company, if you get a dui, you are fired, even if you are the secretary that sit in the office all day. she might have to drive to post office.

your personal driving habits reflect how you drive in company trucks. if you have not grown up and learn to calm down in driving, you deserve to be fires, especially with cell phones and text message taking attention of other drivers.

company liability is making it where you have to be the perfect employee, no smoking, no drinking, no drugs, no fat foods, yes sir, no sir, hour early

 

[MoparTrucks]

When I was in the Navy we were required to wear a helmet, gloves, and boots. Heaven help the poor soul who didn't comply! They were also trying to phase out nicotine but I was lucky enough to get out before they tried that ****.

We had the same thing in the Army but you forgot the really cool looking reflective vests!

 

[Milton Shaw]

Now even your cell phone can report on you speeding. If you carry a company cell phone they can turn on GPS and speed reporting. Four years ago a friend was driving with a company phone in his pocket and he got text message "your speed is being reported to your employer as you are going 70 in a 55 area." Think how much more phone can tell employers now. State farm has an app for IPhone that uses it't features to record driving habits, from built in acceleration detection to rapid stops. The gadget that Progressive is pushing for lower rates hooks into the OBDII port in your car and sends that information to the insurance carrier. The IPhone contains that same detection from what I have heard, so big brother is watching you all the time now.

 

[little d]

Fast,
if you are "non-union" you are a "at-will" employee, what this means in the simplest of terms is that the employer can make any stipulations that they want (as long as it isn't unsafe, OSHA) and can fire you for what ever reason that they want, when they want, they don't even have to have a reason.

With this said, there are extreme cases where you could fight the employer in the NLRB but, like I was told by them several years ago, yes you would win your case but, within 2 weeks they would find a valid reason to fire ya and it will stick.

My suggestion to you is the same as the gentleman at the NLRB gave me, sit down and read the National Labor Relations Act, an eye opening read (oh by the way, I'm now working for a Union Co.).

 

[SIDECAR BOB]

I really doubt that civilian charge would stick to get someone terminated, if not in a company car and not on company time.

 

[KinzeMech]

your personal driving habits reflect how you drive in company trucks.

They most certainly do not.

In my company truck, I drive between the speed limit, and 5 under. It is the way the company wishes me to drive, and I am, after all, on the clock, so why should I object. They are paying for me to drive the truck, it is a fair expectation I should drive it according to their wishes.

In my personal vehicle, I drive safely. Depending on traffic and road conditions, that may mean at the speed limit. It may also mean less than the speed limit (traffic congestion, poor visibility, snow/rain/ice/etc). It may even mean MORE than the speed limit (empty road, sunny skies, truck in tip top shape with good tires, alert driver, and cell phone off). I am the one paying for me to drive in this instance. I, and I alone, are responsible for the decisions I make in this instance. It is none of the companies business.

Sure, legally, the company can do it, but just because something is legal, doesn't mean it's not complete BS.

 

[Krash Kadillak]

Oh yeah, a driving incident of any kind could put your job at risk.
I had a company car for about 28 years with 2 different companies. Had a medical emergency one day while I was a passenger in another employee's company car, and I lost my position.

 

[Air_Cooled_Nut]

We had the same thing in the Army but you forgot the really cool looking reflective vests!

During my time in we weren't required to wear those things, thank goodness!

 

[jvitez]

And the noose ever tightens. America the land of the free and the brave?

What putz would voluntarily let their insurer tap into their OBD port? Oh yeah, the same people that believe any government official should be able to walk into your home at any time for a random inspection. Why should you object if you have nothing to hide, right?

I was never a union man, and hated big government. Still do. But honestly, in many ways corporations are more to blame now than government.

I guess a high unemployment rate is good for business. If you don't like it, there are many others who want your job who'll be good little Soviets, uh, good obedient little employees..........

 

[Fordman7795]

And the noose ever tightens. America the land of the free and the brave?

What putz would voluntarily let their insurer tap into their OBD port? Oh yeah, the same people that believe any government official should be able to walk into your home at any time for a random inspection. Why should you object if you have nothing to hide, right?

I was never a union man, and hated big government. Still do. But honestly, in many ways corporations are more to blame now than government.

I guess a high unemployment rate is good for business. If you don't like it, there are many others who want your job who'll be good little Soviets, uh, good obedient little employees..........

The people that want to save money on car insurance

 

[KinzeMech]

And if enough sellouts accept that, eventually the day comes when it's commonplace. Not long after that, it becomes mandatory.

It's sad to see freedom traded away for anthing, but it's especially disgusting to see it traded away that cheaply.

 

['04 Cummins]

And if enough sellouts accept that, eventually the day comes when it's commonplace. Not long after that, it becomes mandatory.

It's sad to see freedom traded away for anthing, but it's especially disgusting to see it traded away that cheaply.

Well said, couldn't agree more...

 

[1967marti]

My work requires me to have a car. If nothing else for me from my home to work. But I also need a clean drivers license and insurance to get customer sites when needed (ability to get rental cars, etc). I don't think I would hire someone who couldn't keep his driver’s license/record? I would think someone without a car/license would have fewer abilities as an employee. But if you take public transportation everywhere I would guess this to be less of an issue.

 

[bobcat]

Really glad I`m retired now so I don`t have to put up with that bullcrap . However , when I worked , my job required me to spend 50 weeks a year on the road and I had a company car . Each year , my company required a check of my driving record .... which I agree with 100% . We also had a zero tolerance on DUI`s ... again , I agree with 100 % . Having said that , I`m not sure how you drive "off duty " really applies to how you drive when working . I have raced since I was 18 and still do open track days with my Cobra replica .... and am used to speeds in the 130+ mph range . But , there is NO way I would consider doing that on public roads ! I`m the guy most of you would probably pass on the Interstate as I`m generally within 5 mph of the posted limits .
Track me with my cell phone ?? Probably can , but they might have a heart attack when I`m doing a track day on a closed course .
Luckily , my old company was only concerned with how you drove during work and when in a company car and I don`t know of anyone in that company that was terminated for his/her driving record . However , that was then and not now .

 

[Falcon67]

I really doubt that civilian charge would stick to get someone terminated, if not in a company car and not on company time.

For at-will employment, as noted, you don't even need a reason. You can be terminated because you didn't shave. Or because the boss doesn't like you, you don't fit in, you posted some stupid picture on Facebook, etc. If it's not discriminatory or they asked you to do something unsafe, you're out.

I used to deliver auto parts as part of my side job with a parts store back in the 70s. The Trans Am left a pretty good trail of tickets. The insurance company sent my boss a letter saying I wasn't allowed to drive any company vehicles. So I delivered parts after than in the T/A. "You need it when? No problem, I'll send my guy..." Cross town in 15 minutes - faster than pizza. I guess that would be some early "don't ask, don't tell"

"
At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (i.e., has not recognized a union). Under this legal doctrine:
<table class="cquote" style="margin:auto; border-collapse: collapse; border: none; background-color: transparent; width: auto;"><tbody><tr><td style="vertical-align: top; width: 20px; border:none; color:#B2B7F2;font-size:35px;font-family: 'Times New Roman', serif; font-weight: bold; text-align: left; padding: 10px 10px;">“</td> <td style="vertical-align: top; border: none; padding: 4px 10px;">any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.<sup id="cite_ref-0" class="reference">[1]</sup></td></tr></tbody></table>

 

[Az Scooter]

As an employer, we can and do terminate someone for cited offenses. The reason why? Because if an employee gets a ticket, it can raise my rates $100 a month for that employee. Get a few of those, and it can start adding up to real money.
Is it fair? I don't know, but is it fair that I should have an employee that is costing me more money then another employee for the exact same work? I don't think so, and neither does my wallet



.

 

[Twiggss]

don't like it, work somewhere else.

 

[t100]

I have a friend jointed the Army, before that, he was a dealer tech but was deemed un-insurable by the company's underwriter due to multiple traffic tickets.

he had to test drive cars in the passenger seat with a porter driving. that only lasted couple days before the service manager kicked him out.

 

[SIDECAR BOB]

For at-will employment, as noted, you don't even need a reason. You can be terminated because you didn't shave. Or because the boss doesn't like you, you don't fit in, you posted some stupid picture on Facebook, etc. If it's not discriminatory or they asked you to do something unsafe, you're out.

I used to deliver auto parts as part of my side job with a parts store back in the 70s. The Trans Am left a pretty good trail of tickets. The insurance company sent my boss a letter saying I wasn't allowed to drive any company vehicles. So I delivered parts after than in the T/A. "You need it when? No problem, I'll send my guy..." Cross town in 15 minutes - faster than pizza. I guess that would be some early "don't ask, don't tell"

"
At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (i.e., has not recognized a union). Under this legal doctrine:
<table class="cquote" style="margin:auto; border-collapse: collapse; border: none; background-color: transparent; width: auto;"><tbody><tr><td style="vertical-align: top; width: 20px; border:none; color:#B2B7F2;font-size:35px;font-family: 'Times New Roman', serif; font-weight: bold; text-align: left; padding: 10px 10px;">“</td> <td style="vertical-align: top; border: none; padding: 4px 10px;">any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is equally free to quit, strike, or otherwise cease work.<sup id="cite_ref-0" class="reference">[1]</sup></td></tr></tbody></table>

if it was not a convicted offense, but merly an unsubstantiated report, I am still thinking a pretty good lawsuit might result, and yes I do understand at will employment , however if they stated that a unsubstantiated claim by a civilian was the reason I still doubt it would work out very well. Now if it was conviction in a court of law , that they could use against you.