If I’m a delivery driver using my own car, can my boss tell me to continue driving if I feel that my vehicle is now unsafe?

The other day I had a flat tire while on delivery. After changing to the donut I had in the trunk, my boss told me that I have to continue to deliver while driving on the donut. I do not feel that to be a safe work procedure. Can they do that?

Asked on September 22, 2012 under Employment Labor Law, Nebraska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your employer can make it a term or requirement of your employment that you have to make deliveries using your a vehicle you provide and furthermore, can require you to continue making deliveries when it is your shift even if your vehicle is impaired. If you feel it is unsafe to do this, you could refuse--and your employer could then fire or terminate you for not doing your job. This may often be the right thing to do--you have to decide whether you value your safety more than your job. Alternately, you could borrow a friend's car, rent a car, take a cab to make deliveries, etc.--that is, your employer can require you to make the deliveries somehow or be fired, and you have to figure out if you can or want to do that, when your car is on a donut.


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