QUESTION

Can an employee be fired for not using their personal vehicle for business purposes?

Asked on Apr 01st, 2015 on Employment Contracts - Wisconsin
More details to this question:
After working for this business for 9 years, I am being told I must use my personal vehicle to competitive price check. Using my own vehicle for this purpose was never included in my job description. I feel I was hired to do my job on the company premises. Compensation of .55/mile is provided and workman's comp if an injury occurs. However, my car insurance is responsible if an accident occurs. I feel use of personal vehicle should have been disclosed in the job description or upon hiring. I am told they can fire me for 'insubordination' if I refuse to competitive price check. Is this true?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Do you have a contract which limits your employer's right to terminate you, or provides that it can't change the conditions of your employment?  If not, you can be fired for any reason not prohibited by statute (e.g. because of your race, religion, etc.)  Your employer has no obligation to keep the conditions of your employment unchanged forever.  It is now changing those conditions to require that you use your personal vehicle.  If you refuse to accept the change, you can be fired.   BTW, I'd be surprised if your employer's insurance didn't cover any accident you got into while using your car for business purposes.  If it doesn't, your employer is at serious risk, since it can be liable for damages caused by your negligence in the course of your employment and, even if your insurance provided coverage, it could very well not be enough to cover everything.
Answered on Apr 02nd, 2015 at 2:16 PM

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