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Driver Has No (susp) License

Discussion in 'Business Fundamentals' started by alternative, Nov 9, 2005.

  1. alternative

    alternative PlowSite.com Addict
    Messages: 1,164

    he is a sidewalk laborer, and usually drives his truck to jobs and snowblows walks. He now has a suspended lic. What are the consequenses for me if he still drives to my jobs in his own truck. (He still drives everywhere in his daily routine) to from work , to schoool.. hes Friggin nuts in my opinion. But i need him to do my walks.

    PLUS.. hes a summer laborer, and in winter he gets unemployment, (IF he cant drive to the locations on snow days, Can I deny his unemplyment?

    REallistically, he cant show up for work, so he is not eligable for unemplyment, (i believe you must be able and ready to work to qualify>)
  2. Mark Oomkes

    Mark Oomkes PlowSite Fanatic
    Messages: 13,236

    Can we assume that you are paying him for his travel time in between jobs? If so, I would think your liability would be huge, because he is still an employee in your direct control. No difference really, other than he is not a driver on your vehicle policy.

    Unemployment, who knows? We had a professional unemployment collector work for us once. Worked about 5 weeks, performing lawn apps, then he walked off the job in the middle of the day. Said I yelled at him after I made him go back to a job that he did very poorly. Filed for unemployment stating he was not performing the work he was hired to do. Showed UA a copy of the work he was performing, i.e. that he was doing what he was hired for and they still gave it to him, even though HE WALKED OFF THE JOB. :realmad: :angry: I was a little upset, to put it mildly.

    I would say it depends on if you have it spelled out in an employee's manual and what your policies are. If you don't have one, get one and have a labor attorney look it over before implementing the new policies. He is ready and able to work, he just can't drive, this is what needs to be spelled out in the handbook. It would also need to be a requirement in his job description, IMO.
    Last edited: Nov 9, 2005
  3. SnowProGRES

    SnowProGRES Member
    Messages: 34

    Im not sure about the UI, but you are definatley liable for his driving issues if he is acting as an employee... also consider the contracts you may have signed with property owners, several of mine stipulate that it will be my responsibility to maintain proper insurance on all owned and un owned vehicles that are being used to render service (which i do under my commercial auto and GL policies, it just so happens i have no unowned vehicles working for me)

    If your contracts are silent on the matter of subcontractors you may be able to hire the guy back as a subcontractor - get a W9, proof of auto insurance, and a waiver of workers comp, he is already using his own vehicle and equipment - sounds like a sub to me ;)
  4. Runner

    Runner Senior Member
    Messages: 957

    It doesn't matter...even as a sub, if he damages something, injures someone, or causes conditions that can lead to injury, you are liable. This is called vicarious liability. As an employee...hang it up. Even in his own vehicle,...if you direct him t drive next door and get you a cup of coffee, you are liable.
  5. alternative

    alternative PlowSite.com Addict
    Messages: 1,164

    yeah, i gotta find someone else to cart his ass around i guess. or if he keeps screwing me over, i m just gonna FIRE him.
  6. repo_man62

    repo_man62 Senior Member
    Messages: 502

    I would not employ him!
  7. alternative

    alternative PlowSite.com Addict
    Messages: 1,164

    Actually, i am thinkin of firing him (as soon as Fall cleanups are done.)
    He has boned me many times in the last month, late - no show- lazy-

    I kinda think he wants me to fire him.

    He called yesterday at 4:00 pm after not showing up at 7:30am and left me a Vmessage, saying " I didnt get my Late call this morning, what happened, just wondering if i still have my job?" WTF...

    late call, yeah.. because a few times this year i would call his cell at 7:40 asking where are you , because we had lots of work. and would come in late.

    But this time NO LATE CALL>.. and he expected it... bull ****.. i told him THIS ain the HOTEL... and i aint your momma or babysitter.

    BTW.. he is my cousins SON. i dont care though, he s gonna get fired. ASAP
  8. gpin

    gpin Senior Member
    Messages: 390

    If he is putting your tools in his truck, snowblower or shovel, you might have an increased liability. I feel for you, my people are dumb and mostly unlicensed and it gets worse...one of them got a ticket for speeding and asked me if I could "help" with the ticket. Afterall, he got it on his way to work....Instead he got "change is good", two weeks later, change happened. It ended up a positive move for me.
  9. yooper.mi

    yooper.mi Senior Member
    Messages: 154

    It is very rarely A person with a suspended lic. doesn't get permission to drive to and from work, judge figures he has to have the means to pay all the fines. Looks like he just don't want to show up.
    Happy Holidays
  10. REAPER

    REAPER 2000 Club Member
    from 60050
    Messages: 2,230

    You don't have to fire him. He failed to show up for work. Quit. You as a employer are not suppose to wake his ass up but only to provide work. Once you know he has a suspened lic. you are screwed if anything happens with him. I would bet he has no Ins on his truck either. Apply Murphys law here. Then ask yourself if it is worth it. Even if you hire him as a sub, if anything happens and he has no ins. all he has to say is you knew. They go after next in line who has it. That would be you. Once he gets his hearing from unemployment all you have to say is he did not show up for work and he can not preform the job with his Lic issue. He can go to work at Micky-D's where no driving is required.

    Lesson 101 in why not to hire famliy. IMHO
    Last edited: Nov 25, 2005
  11. nailerdog

    nailerdog Member
    from WI
    Messages: 57

    Lability issues are a major PIA. Stay away from the problem.

    JKOOPERS Senior Member
    Messages: 112

    how can anyone be a sub if they are on your payroll ?
  13. Emstaxi

    Emstaxi Member
    Messages: 88

    You are not repsonsible for his license being suspended. Regardless of who he works for and where he works at, if he is caught behind the wheel, he will have to deal with the judge and motor vehicles. Working for you is no different than any other job. The employee is responsible for his own way to and from work. I didn't check to see where this takes place but i'm referring to NJ motor vehicle laws.

    If this really concerns you, call your local dmv and ask what would happen to you if your employee was caught driving his car to or from your place of business.
  14. alternative

    alternative PlowSite.com Addict
    Messages: 1,164

    i decided not to use him...

    yeah, screw him.. i just didnt call him on the last two storms, and niether did he call in to see if we were going out. Oh well, i really dont think he wants to do it anyway. NOW , my only concern is him filing Unemployment, i feel he isnt entitled, due to all the times hes screwed me over. I guess i could just say he quit. No show for work and then use the Lic. issue to show he cant legally make it in to work. yeah. thats what ill do. Normally i am not so cruel, i would let anyone draw UIA if eligible, but this kid boned me toooooo many times this season, and thinks he s got one up on me. WRONG
  15. SnowGuy73

    SnowGuy73 PlowSite Fanatic
    Messages: 24,870

    Sounds like a good idea.
  16. Mark Oomkes

    Mark Oomkes PlowSite Fanatic
    Messages: 13,236

    You are correct on this, but this is not what the discussion was about. The discussion was about an employee with a suspended license performing work for an employer. If he is on the clock, the employer will also be liable.
  17. Ken1zk

    Ken1zk Senior Member
    Messages: 192

    If somebody has a suspended license, and they are still driving I would have some serious questions about that persons character. Disregard for the law and all that are integrity issues. Can this person be trusted by you the employer if they can not be trusted by the law? In my book this person isn't worth the risk. Just my 2 cents.
  18. alternative

    alternative PlowSite.com Addict
    Messages: 1,164

    exactly... hes GONE..
  19. chesterlawn

    chesterlawn Member
    Messages: 87

    print ths page out. Show it to unemployment.
  20. alternative

    alternative PlowSite.com Addict
    Messages: 1,164

    yea .... good one. I am prepared if he tries to draw.