Motorcycles banned from place of work??

[busch07]

What is the name of your state (only U.S. law)? Illinois

Hi everyone.

I have a question/concern regarding the legality of a new "rule" my employer has implemented.

I work in IT as an outsourced technology director and sometimes-field technician for a company. For the last two summers, I have ridden a motorcycle to work as often as I can, simply because I love saving money on the gas (which is paid at the IRS per mile rate when visiting clients) and because it's enjoyable. I have had no issues with carrying my tools of the trade/parts/etc in this time frame. While there are 2 other employees who have motorcycles, I am known as the "motorcycle guy" at work and am the only one who uses it at clients. My bikes are nice and look great, are not ratty/smelly/etc. (Comes into play soon.)

Today, when I arrived at work, my lead/manager told me, "Hey, this isn't meant to pick on you, but we are no longer allowing motorcycles at clients." I asked why and was told, "What if you needed to go on an emergency trip to fix something.. you wouldn't be able to." (Nevermind I've done this for 2 years now with no issues..) I said, "OK, well.. I have an enormous set of luggage I can add to it.. if that's not enough, what if I got a motorcycle hitch and small trailer?" I figured if the vehicle was able to function in a capacity equivalent to that of my four-wheeled vehicles, there should be no problem on days I used it. I was then told, "Well, a motorcycle isn't a 'professional' vehicle." I didn't know they had the ability to decide what was professional or not. I asked "what if I got a Nissan Leaf electric car and couldn't travel more than 75 miles round trip? Would that be unprofessional of me to do, as I can no longer travel to/from certain clients?" My manager then said, "Well, I didn't make the rule, sorry.. you can take it to HR if you wish." I am currently doing that. I would kind of understand if the bikes were in disrepair or very smelly, etc, but as I noted, they are not. At the same time.. if someone couldn't afford a car that wasn't a piece of junk, I dont' think it would be fair to call it unprofessional, either.

I feel singled out and discriminated against... what's the legality of this situation? Can they limit what vehicles I am allowed to use? We do have a company van that we can sign out when it is available (rarely), and I'm happy to use it on certain days.. but I'm also outsourced four days a week to a client in the city and am being told that I can't ride it there, either. All three of the "VIP/higher-up" people at that site are bikers and we all get along, so I know there have been no complaints...

Just looking for advice.

Thanks!

 

[eerelations]

Perfectly legal. There are no laws prohibiting employers from dictating what types of vehicles their employees use during the course of their employment.

While this certainly is discrimination, it isn't discrimination against you, it's discrimination against motorcycles. And this is legal too - discrimination is only illegal if it's directed specifically at certain protected characteristics like race, gender, religion, age (people over 40 only), and disability. Motorcycles do not fall into any of these categories.

 

[jiggy78]

Entirely legal. You're on company time visiting clients.

You are being discriminated against, but it's not illegal discrimination.

A person too poor to afford a respectable car (and I don't mean a luxury car, but a car that isn't falling apart) wouldn't have a job where they visit clients.

 

[busch07]

Well.. while I find that completely bogus. I appreciate your quick and honest answer. I kind of feel like getting a beater car just to drive for work now as my little act of rebellion. Why put the miles on my nice car for a company making a rule aimed at me? (Yes, I realize it's discrimination against the bikes, not me, but I know why the rule has been made and so will everyone else when it is discussed in the staff meeting.) Not that it matters, but I just thought I'd mention that my appearance is always great.. belt, nice khakis or dress pants, tucked in shirt.. sometimes tie. etc, bike or no bike. Sigh.

Thanks again.

 

[Zigner]

Well.. while I find that completely bogus, I appreciate your quick and honest answer. I kind of feel like getting a beater car just to drive for work now as my little act of rebellion. Why put the miles on my nice car for a company making a rule aimed at me? (Yes, I realize it's discrimination against the bikes, not me, but I know why the rule has been made and so will everyone else when it is discussed in the staff meeting.) Not that it matters, but I just thought I'd mention that my appearance is always great.. belt, nice khakis or dress pants, tucked in shirt.. sometimes tie. etc, bike or no bike. Sigh.

Thanks again.

You can also be fired for failing to comply in a manner in which they deem acceptable.

If you don't want to conform, start your own company.

 

[busch07]

"A person too poor to afford a respectable car (and I don't mean a luxury car, but a car that isn't falling apart) wouldn't have a job where they visit clients."

Not necessarily. My job pays a salary of around ~50k and I know MANY people whose student loan obligations would easily cause them to drive a car that is falling apart. Mine aren't that high, but they aren't a walk in the park, either.

Just food for thought. One of our former techs (who is now a salesman and does make client visits 3 days a week) drives a car that is rusty and falling apart. He pays somewhere around 650-700 a month in student loans, according to him. Our sales team make around ~40k from what I understand.. which would be around 2200 a month take home. (Just a guess.) Take into account an apartment in the greater Chicago area, food and utilities, and you have very little left over for a car note and the full coverage insurance necessary for that car.

"You can also be fired for failing to comply in a manner in which they deem acceptable."

- Not sure of the point of your post. Where did I say I wouldn't comply? I can drive whatever car I like.. they have no way of knowing what cars I own and do not have a way of forcing me to drive one of my cars over another, as long as it is fully functional and meets their written guidelines. Sure, they could potentially move me to an in-house position or find some other reason, but as I said, other people are driving ratty old cars. Seems like a redundant thing to say, if not a bit childish. "Don't like it, start your own.."

 

[eerelations]

I gave you accurate legal information, not BS. If you didn't want accurate legal information, you should have said so.

 

[busch07]

I gave you accurate legal information, not BS. If you didn't want accurate legal information, you should have said so.

I thanked you..twice, lol! -- I was exclaiming my feelings toward the fact that the law allows such discrimination. Thought that was clear. Just because your answer was accurate doesn't mean I have to like it

Thanks again for your answer, it was good; both clear and concise.

 

[Zigner]

- Not sure of the point of your post. Where did I say I wouldn't comply? I can drive whatever car I like.. they have no way of knowing what cars I own and do not have a way of forcing me to drive one of my cars over another, as long as it is fully functional and meets their written guidelines. Sure, they could potentially move me to an in-house position or find some other reason, but as I said, other people are driving ratty old cars. Seems like a redundant thing to say, if not a bit childish. "Don't like it, start your own.."

You want to buy a beat up car and thumb your nose at the bosses. They can fire you. It's really quite simple

 

[busch07]

You want to buy a beat up car and thumb your nose at the bosses. They can fire you. It's really quite simple.

I would like proof of the fact that they can fire me for buying a beat up car and using it. They don't know my monetary situation and it's really none of their business, so I'd be interested in knowing how they would fire me for that. I would simply say I didn't wish to insure my other vehicle as I was deciding to put more money into my substantial student loans in an effort to pay them off quicker. Of course this ignores the fact that I've been with this company for years and have GLOWING reviews/am not worried in the least at losing my job due to the fact I make the company many times what I'm paid. How am I being childish by not wanting to put miles on my good car? You've resorted to an "I'm not, you are!" mentality. Are you sticking your tongue out at me while you write it?

Also, you still failed to show how owning a beat-up car would be non-compliance, but I suppose answering the question is something you decided not to do in either of your posts? Your original comment remains redundant. Both of the other replies answered the question in a kind matter. I'm not really sure why you bothered commenting in this thread at all, really. Furthermore, the attitude you showed towards someone who actually does have a terrible car and a job with clients is somewhat elitist in nature.

 

[Zigner]

I would like proof of the fact that they can fire me for buying a beat up car and using it. How am I being childish by not wanting to put miles on my good car? You've resorted to "I'm not, you are!" Are you sticking your tongue out at me while you write it?

They can fire you because there is no law against it. Get it?

 

[eerelations]

I thanked you..twice, lol! I was exclaiming my feelings toward the fact that the law allows such discrimination. Thought that was clear. Just because your answer was accurate doesn't mean I have to like it

Thanks again for your answer, it was good; both clear and concise.

Apology accepted.

That said, you need to understand that in the US, employers are legally free to fire employees for just about any reason, including what kind of vehicles they drive. They can fire you for wearing green shoes, they can fire you for having long hair, they can fire you for poor work performance - heck, they can fire you for having superior work performance! And all these firings are perfectly legal.

While it's not my job here to prove to you that this is all legal - remember, I'm the expert and you're not, and if you came here just to pooh-pooh the information we experts give you, then, well, you shouldn't have come here - I will say that you're right, there aren't any specific laws that state employers are legally allowed to fire employees for just about any reason. However, US employment law is governed an overriding legal concept called "at-will employment" that allows employers the legal right to fire employees for just about any reason. If you want to learn more about this concept, google "at-will employment."

 

[busch07]

Apology accepted.

That said, you need to understand that in the US, employers are legally free to fire employees for just about any reason, including what kind of vehicles they drive. They can fire you for wearing green shoes, they can fire you for having long hair, they can fire you for poor work performance - heck, they can fire you for having superior work performance! And all these firings are perfectly legal.

While it's not my job here to prove to you that this is all legal - remember, I'm the expert and you're not, and if you came here just to pooh-pooh the information we experts give you, then, well, you shouldn't have come here - I will say that you're right, there aren't any specific laws that state employers are legally allowed to fire employees for just about any reason. However, US employment law is governed an overriding legal concept called "at-will employment" that allows employers the legal right to fire employees for just about any reason. If you want to learn more about this concept, google "at-will employment."

I didn't "pooh-pooh" your answer at all. (Nor did I apologize, for that matter.) I accepted it. However, IMO,the concept of "at-will employment" is and always has been utter xxxx. But this isn't really the forum for venting, I suppose.

 

[You Are Guilty]

I would like proof of the fact that they can fire me for buying a beat up car and using it.

http://www.nolo.com/legal-encyclopedia/losing-or-leaving-job-faq-29132.html



OT: I really wish the US education system would get its head out of its ass and start teaching the basics. Ridiculous that this stuff isn't taught at the HS level, much less college.

 

[busch07]

http://www.nolo.com/legal-encyclopedia/losing-or-leaving-job-faq-29132.html



OT: I really wish the US education system would get its head out of its ass and start teaching the basics. Ridiculous that this stuff isn't taught at the HS level, much less college.

In what class would that be considered "the basics?"

"Conformatism and Subserviantism 101?"


The fact is, I'm not getting fired and that is/was/never has been a concern. My question was regarding the legality of what they did and was answered. I do find it interesting that people can be fired for anything.. It sure seems like a lot of people end up winning lawsuits over being fired for various reasons, considering what you've linked to, though.