Can an employer who uses independent contractors to complete deliveries make an employee use their car for deliveries without making them follow the same procedure as the independent contractors?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer who uses independent contractors to complete deliveries make an employee use their car for deliveries without making them follow the same procedure as the independent contractors?
Recently, I was getting paid hourly doing delivery for my previous employer in their company vehicle. They told me that I would have to use my own car until I provided a letter from my doctor stating the medications I take do not impair my ability to drive and submit to a drug test due to
Asked on March 23, 2017 under Employment Labor Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Whether or not an employee is reimbursed for gas mileage is up to the employer; there is no law which states such a reimbursement must be given. Therefore, unless this action violates the terms of union agreement or employment contract, it is legal. The fact is that in an "at will" employment relationship, a business can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination. Accordingly, an employee can be treated differently than an independent contractor so long as it is not due to their race, religion, disability, age (over 40), etc.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.