follow up on employee conduct - use of vehicle
June 7, 2012
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comments regarding the May 28, 2012 article on employee conduct
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Ken
Personal use of company vehicle may open another can of worms. What exactly do you allow? Loading truck with children driving them to school? Where does your insurance company stand on that? Do you also claim tax write-of on personal use, gas, toll, mileage? Being nice, good employer may put you in trouble.
Dusan
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Dear Ken:
I know of someone who had policy of employees not allowed using vehicle for non-business usage.
Employee went drinking, came home, went out in company vehicle as his was left at the bar & killed children & parent. Had to sue his insurance company to pay to insurance limits (2,000,000 I believe) -the surviving family member wanted 5,000,000 and the owner & wife just about had to sell their company.
Employee of course in jail for the rest of his days (at taxpayers enjoyment).
Joe Pfefer
Jade Alarm Co.
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Ken -
Allowing employees to use vehicles for personal use is a "high risk" proposition at best; to limit the Company's exposure for after hours driving, the Company needs to check the status of each of the driver's license every year with the Motor Vehicle Department to make sure no ( or not a lot of ) speeding tickets, and no DUI's- should have a written policy that one DUI with the Company vehicle is basis for termination and "x" number of speeding tickets will also do it; given the serious exposure if the tech is drinking and driving a Company vehicle, at a minimum the owner should talk to him on a confidential basis and see if there is a problem; by not at least talking to the employee the Company and its officers face serious liability exposure if in fact he winds up with a DUI and they never looked into the information; as to the "side jobs", why won't a review of his GPS locations, and subsequent visit to the locations give at least a pretty good idea whether or not he was installing on the side; also a good inventory control system might be of some help.
Regards,
Dennis Stern, Esq
Kirschenbaum & Kirschenbaum
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Dear Anon:
When I was in a managerial position, I took it upon myself to get to know my fellow employees. This allowed me to offer emotional support if and when necessary. If I were in a position like yours I would sit the employee down and say something like, "It has come to my attention...." and add whatever you'd like to discuss. Maybe this person is going through some hard times. Offer your assistance, if you can, and when the time is right you could review the company policies regarding side jobs etc...
Good luck. I've found that compassion goes a long way but make sure they aren't taking advantage too.
Best of luck,
Chris
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Response
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Cover employee issues with an Employment Contract. See Dennis Stern's comments above.