Off work rights

[Jim1948]

What is the name of your state? Michigan

i work for a community action agency as a driver for senior citizens to doctors appts, etc. today was declared a snow day, no work. i knew a friend, who rides in a company vehicle when we are working, had dialysis today and I called, told her we were not working and offered her a ride to dialysis if she needed one. on my own time, in my own vehicle. the company strongly reprimanded me saying i had no right to call her and told me not to give her a ride at the risk of my job. we do not have union, but sign a letter of hire when hired as drivers. does the complany have the right to dictate who i talk to and who i drive to the doctor when i'm not working and using my own car?

 

[stephenk]

how did your company find out?

 

[Jim1948]

off work rights

The company called the woman to tell her they were not going to transport her because of bad weather and she said thanks, Jim already called and let me know.

 

[cbg]

You would essentially be doing company business on your own time and using your vehicle. That can create liability for the company if anything should go wrong. For example, if you were to get into an accident due to the bad weather and the woman injured, she would still be able to sue the company because you were doing the business of the company, even though you were on your own time and in your own vehicle. Yet their insurance would probably not cover it, also because of the fact that you were on your own time, in your own vehicle and had not been authorized by the company to make the trip.

So they'd be stuck with the liability and have no insurance coverage for it. That's why they can dictate, in these circumstances, what you can do on your own time in your own vehicle.

 

[Jim1948]

off work rights

No offense to you cbg, and i'm sure your right. If so, it just shows how screwed up things have become. Their is no contract between the clients and the company except as each individual ride is scheduled. The company had declared they weren't doing business that day. Thank you for your reply.

 

[JETX]

CBG IS correct, and provided a very good explanation for the fact that an employer CAN, in certain circumstances, "dictate" what you do off hours.

So, since you seem unable to fathom his response, lets say (just for sake) that you decide to ignore your employers instructions. What will happen if you did this again and they found out about it?? Real simple, you are now unemployed without any rights to pursue action against them (insubordination, bad attitude, etc.).

So, this entire scenario comes down to one question:
Are you willing to sacrifice your job simply because you feel that their notice to you was wrong???

 

[Jim1948]

CBG IS correct, and provided a very good explanation for the fact that an employer CAN, in certain circumstances, "dictate" what you do off hours.

Well, it's not a good explanation by any means. Based on extremely remote possibilities. Covering the company's behind no matter what other rights might be ignored in the process.

So, since you seem unable to fathom his response, lets say (just for sake) that you decide to ignore your employers instructions. What will happen if you did this again and they found out about it?? Real simple, you are now unemployed without any rights to pursue action against them (insubordination, bad attitude, etc.).

My, has anyone ever pointed out your arrogant attitude to you before? If not, it's probably about time. I 'fathom' his response perfectly, and don't argue with it's accuracy. I simply maintain that ignoring our rights as U.S. citizens to telephone, talk to, or do favors for anyone we choose in our private lives is wrong. And in the instance currently under discussion implies some sort of ownership of the client and employee since both their actions are being dictated by the company when the company isn't even open for business. Since you maintain the company has this right, then the reverse must also be true and the client has a case against the company for not fulfilling it's contract to drive her to her medical appointment, even though they were not open on the day in question. You can't have it one way and not the other.

So, this entire scenario comes down to one question:
Are you willing to sacrifice your job simply because you feel that their notice to you was wrong???

The answer to the question is no, without an alternative to unemployment, I'm not willing to sacrifice my job, but I should be, and would be were it not for a wife, two kids, and a mortgage.

 

[Beth3]

Jim, what I think you may be failing to completely understand is that when you transport a client, even under these circumstances, your employer has FULL liability for your actions. So it's easy for you to say the odds of something happening is remote (and it probably is) but then you're not the one "at risk" here, in terms of financial and legal liability, are you? Plus you are just looking at a single situation. I assure you your employer has a much bigger picture in mind and knows this is a very bad precedent to set.

Your impulse is very generous but you are not just doing something in your private life. This is not some neighbor for whom you are doing a good deed, this is a CLIENT of your employer and you are an agent of the employer.

Your argument above that "you can't have it one way and not the other" doesn't hold water. Yes, the employer CAN prohibit you from transporting a client as well as fail to transport a client under certain circumstances which I'm quite sure are detailed in agreements each person signs when they become a client.