Can an employer tell their employee they can't drive on the job if the emp

[forward2007]

The city I work for had me go to a "city Dr." to get a second supposedly objective opinion on whether it is safe for my to drive my pickup truck at work with my epilepsy. The city called me last Friday and told me I can no longer drive any city vehicles at work. I still have my driver's license and it is not under review by the DMV. My Uncle is a lawer and is researching whether it is legal for them to do this. He asked me the other day whether I am a city, county, or state employee (I am a city employee) , what kind of license I have (a regular C license), and whether the DMV placed any restrictions on my license after I got it back (there are no restrictions on it). Has anybody else gone through this and is it legal?

 

[Nakamova]

I think it's great that your uncle is checking this out for you -- as a lawyer he's probably best positioned to figure out whether the city is messing with you. Every state/city has different rules so it's tough to know for your particular situation.

 

[Endless]

I can't drive at all on the job. Ever. No matter how long its been since my last seizure. That's my company's rule. I'd be interested to hear what the law says.

 

[Wally]

What state are you in?

 

[knothing]

I have no restrictions but am very fearful of what my car insurance would cost if they knew about my seizures. It very well may be a cost factor. The city has to pay insurance and again I don't know for sure but I would imagine a cost increase would be something that the city does not want. Whether I like it or not I know that no matter how long I have been seizure free that she has a lower risk of having a seizure than me.

 

[forward2007]

What state are you in?

CA. I talked to the Epilepsy Foundation and they told me to ask my employer how long they intend to have this driving restriction in effect. In other words they can only have this restriction in effect for a certain time since the last seizure. Probably at most a year like the DMV does as a worst case scenerio.

 

[Chel]

I have voluntarily placed restrictions on my work driving, to reduce the risk of me having a seizure at the wheel. I used to drive two to three days a week, up to 1000kms per week (sorry, can't remember what this is in miles). I'm now almost desk-bound, with some modifications to my job (doing a lot more via phone and computer).

I realise that's not practical in many jobs and I'm very lucky that my employer worked with me to achieve that, so I could keep my job. The thing is, seizure while driving = no more license, which in my case = no more job. Sometimes the restrictions are better than the loss.

Good luck with your situation, forward2007.

 

[difenbaker]

Unfortunately there are special "rules" that cover an employer if an employee drives for part of their scope of employment. These "rules" apply normally to civil suits if there is an accident in a company (and sometimes private) vehicle. They can also apply in criminal cases as well. If you were unfortunately to have an accident due to a seizure while during your work day, there are circumstances in which your employer can be sued also. As much as this sucks, it is probably that they are more concerned about their own necks. Every state has their own applications for these rules but there is going to be an application in every state. I'm from northeastern Pennsylvania, and unfamiliar with how the application is in California. Hopefully your uncle also lives in California or is familiar with the legal applications of these principles in your home state. But something everyone does need to remember as much as this all stinks and seems unfair, it is done for a reason (although from what I've noticed with work seems sometimes to have no reason, you just smile and nod).

But I would ask your uncle what the application with the "coming and going" rule and also respondeat superior may also apply. There is another one that popped into my head (but fell right back out as soon as I started typing. Damn E and not being ar work to look in the books!) But pretty much to sum it up if you are within the scope of your employment your employer is vicariously liable for your actions. I would still 110% make sure that there is no fine line crossing in this case though as well dear.

Good luck and I hope it works out for you.

 

[triller]

If you are still working at your job and all you can not do is drive a city truck it sounds like the city is working under the ada act to keep you working.

 

[Blue Cat]

Besides the potential insurance or policy rules, I know the DMV won't allow commercial driving until 5 years sz free (eg cabs, limos, truck driving and so forth). I don't know if that applies to general driving for work. I didn't have an issue with my employer to go to company meetings and so forth, but it's a large corporation and I don't know if anyone above my immediate boss even knew.