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working/driving in hazardish conditions

do you think that you can prosecute your employer if they refuse to let you leave early during icy road conditions if you were to get in an accident on the way home because of the weather?

my dh's job is located in an extremely hilly area and there is no way to avoid the hills. his retail store is the only store open in their shopping center. and their district manager (who is not in state) has already said no store will close due to weather conditions.
when he got to work, the roads were just getting slushy, but now that its dark, its pretty much straight ice. i am so frustrated because he is our sole income right now. and i cant afford to have him hurt.

 
Phippsandrea

Asked by Phippsandrea at 8:51 PM on Feb. 4, 2011 in Money & Work

Level 17 (4,493 Credits)
This question is closed.
Answers (10)
  • No, it is the employees responsiblity to get to and from work safetly. I know you guys aren't use to that weather, but imagine how many lawsuits there would be up north if that were the reasonable thing to do.
    Candi1024

    Answer by Candi1024 at 8:55 AM on Feb. 7, 2011

  • I doubt it. But I really couldn't say. I grew up in Michigan and never remember ever hearing anything like that happening. And we do get quite a bit of snow. The first morning after this snowstorm they just got almost everything was closed, but the factory my dad works at stayed open. And he is the one who has to get there before opening to plow. So he has to be in by 4 am. When he left our home 2 hours early to get there in time (normally a 30 minute drive) he got stuck. NO plows had been out but he still had to go in. He ended up waiting till day light and seeing a plow and then driving into work. I doubt if he would have gotten into an accident that the factory would have done anymore then give him some time off.
    ILoveCade

    Answer by ILoveCade at 8:58 PM on Feb. 4, 2011

  • My hubby was in the same situation Tuesday night, and Wednesday. His dm didn't care and said as long as target is open, they are open. He did stay until close on Tuesday night, even though we had blizzard condition, and then Wednesday we were under a state of emergency, so he didn't go to work, regardless of what his dm said.

    If he gets hurt to or from work, the store won't cover it. It sucks, but it's part of the job.
    BabyBugsmama

    Answer by BabyBugsmama at 9:00 PM on Feb. 4, 2011

  • If he doesn't stay, what will happen? Will he be fired? Can you afford no job?
    tootoobusy

    Answer by tootoobusy at 9:29 PM on Feb. 4, 2011

  • I don't think so. Does the store have a place he can sleep if it isn't safe for him to drive home?
    JZ10FPM

    Answer by JZ10FPM at 11:00 PM on Feb. 4, 2011

  • I don't think so. My mom used to have an overnight bag and would sleep at a hotel that was within walking distance of her work when roads were icy. Maybe he can stay with someone that lives close to work?
    Christina807

    Answer by Christina807 at 11:29 PM on Feb. 4, 2011

  • No
    rkoloms

    Answer by rkoloms at 12:13 PM on Feb. 5, 2011

  • No, because when you take a job that involves driving, that's just one of the hazards. People who are OTR truck drivers, UPS drivers, mail delivery drivers, lab couriers, etc.. all know this before going into the job. I worked as a lab courier, driving up to 100 miles per day... weather was not a permissible excuse for us to not perform our job. The only way we could get out of it was if that particular business closed and then we did hot have to go. But if they were open and we missed, we took the chance of losing that company's business. That was not permissible.
    m-avi

    Answer by m-avi at 12:19 PM on Feb. 5, 2011

  • Sorry, what I meant was, if the business is open, and you are supposed to be at work, there are no excuses. When I lived in the Chicago area, there was ambulances and other emergency vehicles that would stop along the way to bring people to work that could not get there. There were many times we had to stay over night at places. In this time, it's not worth losing a job over.
    m-avi

    Answer by m-avi at 12:21 PM on Feb. 5, 2011

  • i think i didnt make it clear. he does not drive as a profession. he has to drive to and from work. (over 30 miles). if we lived in a state that is used to snow/ice, it wouldnt be a big deal, but we are in the south and get snow maybe once a year if lucky. it turned out everything was ok, but he had a few issues with other drivers sliding. thanks for the responses tho...and if he didnt show up he would have been writen up which makes it easier for them to fire you.
    Phippsandrea

    Comment by Phippsandrea (original poster) at 3:28 PM on Feb. 5, 2011

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