QUESTION
can a employer ask for a police repot
Asked on Feb 26th, 2020 on Labor and Employment - New York
More details to this question:
My question is if a person is on a vacation and they get into a accident as a passenger and the two drivers don't call the police and decide to handle the accident on there own and the passenger misses his flight back home and can't make it to work the next day but emails the employer the situation, can the employer ask for a police report if there is not one to give due to the drivers handling the accident on the own and the passenger did not ask for one because it wasn't necessary?
1 ANSWER
Are you an "at will" employee? No union, no private contract, not working for the government.
If you are "at will" the employer needs no reason to let an employee go. None.
So, technically you do not have to provide the police report. But if you don't, and you are "at will", the employer does not need to keep you on the payroll. The more important question is why do they want the police report? Do you have a history of absences? Do they not believe the excuse? If the employer does not believe you then you need to take action immediately to repair that situation. You probably took photographs of the damage to the cars with your phone. If it was a rental car then that company has a record of damage. If it was a private care then the body shop which repaired the damage has records. If the damage was not repaired on a private care then someone can draft an affidavit of ownership of the car along with sworn statements that the photographs they attach reflect the damage done while you were a passenger. If the driver was the owner then they can provide the affidavit with the photographs.
"At will" employees have to prove discrimination if they object to being terminated. That usually requires an employment lawyer. You should call several employment lawyers and ask them whether the above is true and what might you do in the event that you are being discriminated. If it's not discrimination, better to start the job hunt now. Good luck.
Answered on Feb 27th, 2020 at 5:11 AM