NWR – Carpooling against company policy and insurance?

posted 2 years ago in Career
Post # 2
Member
41816 posts
Honey Beekeeper
  • Wedding: November 1999

LAX03:  I agree with you that he was just upset and blowing off steam.

I can almost guarantee you that if you were hurt on the way to work, a Worker’s Compensation Claim would be denied because you had not yet arrived at work.

The company cannot dictate how you get to work, or to whom you give a ride, when it’s not a company car and they aren’t paying mileage.

Post # 3
Member
6842 posts
Busy Beekeeper
  • Wedding: August 2012

If the company had instructed you to pick her up, or was paying you for it I could see it being an issue. But just carpooling to work is none of his business IMO…

Post # 4
Member
5687 posts
Bee Keeper
  • Wedding: October 2014

Are you driving a company car? Do you get any kind of car allowance as part of your salary?

Post # 5
Member
2975 posts
Sugar bee
  • Wedding: September 2016

Call your insurance broker and check, it probably depends a lot on how the laws are written where you live. If I am transporting someone else in my car to my work at any time, it counts as work driving not personal. My personal driving insurance won’t cover. Our work insurance has to cover it.

Post # 6
Member
157 posts
Blushing bee

I can only see this being a problem if you are driving a company car. Other then that, what you do is your business, not theirs.

Post # 7
Member
1319 posts
Bumble bee
  • Wedding: April 2015

Hmm what he said sounds about right. I had a co-worker who got in a car wreck on his way to work and unfortunately died. My company paid his family insurance(in fact they have insurance on all higher ranked employees) because even though he wasnt “on the clock” at work, he was on the way to work and it’s considered being “on the clock”. Not sure if that makes sense. 

To verify, look into your company’s insurance policy. So sorry about the awful day then situation with her boss 🙁

Post # 8
Member
378 posts
Helper bee
  • Wedding: June 2012

It may depend on your state and if the company is paying you for the hour you were late.  In my state, no driving to work would not be covered and my employer has ok say on my driving.

Post # 9
Member
41816 posts
Honey Beekeeper
  • Wedding: November 1999

purrrbaby:  The insurance payment may have nothing to do with being on the way to work. My employer provides all employees with a $100,000 insurance policy. It is paid out if the employee dies whilst an employee. It has nothing to do with being at work or on the clock.

Post # 10
Member
1273 posts
Bumble bee
  • Wedding: February 2015 - Chapel on Base

I haven’t been in human resources in a few years but I have never seen anything against carpooling.   If anything,  most companies encourage carpooling.   My FI works for D.O.D. he is given a stipend to carpool.   In my experience if the government is accommodating employees so they can car pool chances are it isn’t against any policies other than maybe your company’s policy.  

Post # 11
Member
1570 posts
Bumble bee

There are many caveats and these circumstances probably don’t apply to OP,  but apparently, in some states, there are circumstances where an employer can be liable for an accident during a commute.

http://www.ogletreedeakins.com/publications/2013-10-25/california-employer-held-liable-employee%E2%80%99s-accident-during-commute

I suspect the relatively narrow circumstance described in this case doesn’t apply, and CFO was just grumpy about the tardy arrival, but it’s possible there is some validity to his concerns. 

Post # 12
Member
5687 posts
Bee Keeper
  • Wedding: October 2014

Actually if you set the question of insurance aside, your employer actually CAN ban carpooling, or place any other reasonable requirement on its employees, so long as it’s nothing illegal, immoral or an undue burden. The cost of gas puts carpooling in grey area when it comes to undue burden– requiring employees to park in the furthest parking spots to keep close spots free for customers is not an undue burden, but requiring them to all drive new hybrid cars would be an undue burden (unless the company subsidized the cars), but the cost savings of car pooling is not as clear-cut. They could require employees to wear only green socks or they could ban disposable paper bags and make employees use cloth bags to bring lunch to work. All sorts of stuff. So the answer  to “can they ban carpooling” is actually, probably Yes. 

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