Must an employee come to work and thendrive a truckin dangerous weather conditions?

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Must an employee come to work and thendrive a truckin dangerous weather conditions?

I am a delivery driver and the roads are ice covered. When I tried to call in they told me that I would be fired if I did, and now they are telling me that I am fired if I leave. Do I have any legal recourse if they fire me?

Asked on January 31, 2011 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You probably do not have any recourse, unless the roads were so dangerous that the state told people to stay off them. If that was the case, then making you drive is against the law, and employers can't make their employees do illegal acts. However, if there was  no such official warning to stay off the roads, then, even though it seems unfair and may well be unwise on your employer's part (since they could incur liablity in the event of an accident), your employer may indeed require you to make deliveries or drive in bad conditions and may legally fire you if you do not do what they say. So in this case, it is very likely that you would not have any legal recourse against your employer.


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