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View Full Version : employer creating new requirements, what's my obligation? Pennsylvania


hotrod53
08-13-2008, 08:30 AM
After working for this employer for 12+ years, we now have new requirements. I understand that growth and the times require changes, I'm just not sure what is right and what is not in my best interest.

We now have an employee handbook that we never had, it has different rules that when I was hired, can they make them up as they go?

I am now asked to sign a vehicle agreement and submit to a drivers record check and an insurance check. I have a clean record, that's not the problem. I am wondering why I should list them as additional insured, especially if I pay the insurance and I own the vehicle. Also, why should they be able to tell me what level of insurance to cover, especially since I am in the rears with the money that they already give me to cover such.

When I was hired, my hire letter included a company car and insurnace. Since then they took our company vehicles and we are now reimbursed for our own vehicle and insurance, we were given no choice. Now they are asking us to carry a minimum insurance level and list them as an "additional insured". Due increased fuel cost, the reimbursement does not cover miles driven, now I may have to increase my insurance. Last year I lost approximately $2000 out of pocket, I drive 32-35K/year and they pay for 15K plus overages at a set price/gallon that was way off! They paid $2.40/gallon and the price before they adjusted it was $4. They are currently paying $4/gallon but I could begin to lose again at any time.

Vacation requirements are now being changed, we are now being told that we have to request vacation "well ahead of time" for approval before making reservations anywhere. I understand that there is no requirement to offer vacation and it is a benefit, yet it is spelled out in my offer letter. I also understand that this is required to maintaing staffing.

We were required to sign a no-compete agreement as well as an "employment at will" agreement, I have not yet signed the "at will".

I see the need for many of the above listed items in light of the times and much of my reading explains a lot of them. My concern is that the company will require me to sign something that will hurt me in the future. Are there any requirements for me to sign any of these, are there any that I should stay clear of?

cbg
08-13-2008, 08:53 AM
You are mistakenly assuming that if you do not sign, you are still subject to the old policy and cannot be held to the new. That is incorrect. Your signature does not signify your agreeement to the policies; it signifies that you have been made aware of the changes. Refusal to sign does not mean that you are not subject to the new policies; it means that you are being insubordinate in refusing to sign.

These are now the policies of the employer. It is their right to change the policies ongoing. Whether you sign or not, you are now subject to these policies. Refusing to sign can result in your being fired, and it will be a legal firing.

There is nothing in the law that is going to force you to sign, but there is also nothing in the law that will require the employer to keep you employed if you refuse.

hotrod53
08-13-2008, 12:06 PM
I understand your reply and insubordination is not the goal. My concern is the constant changing of policy, what is to keep the employer from changing anything that he wants in spite of the original hiring arrangemants? For instance, what if policy changes that requires me to get say $1M in insurance. What right does he have or what concern does he have with my personal insurance on my personal vehicle? Why am I being forced to put him on my personal insurance?

What happens if I'm on the clock doing my job at a construction site and a pedestrian walks out in front of me and is injured. Here I am doing my job during normal buisness hours at a place where my employer sent me in my own personal vehicle and there was an accident, the way that I see it I will be personally liable. When originally hired I was given a company car with company paid insurance, I may still have been liable but so would he. I don't have millions of dollars to defend myself but he does, I'm just doing what I was told and going where I was told. The way that I see it, he offloaded a lot of liability onto me because of a "policy change", not to mention deviated from my original offer.

Other issues in "policy change" is that he made us all tag our company equipment and wanted written concent to "deduct from our pay". I don't have a problem with the equipment part since he is the rightful owner, but the policy says that anything not returned, lost or broken upon release of employment will be charged to the employee. Again, if I refused to give my computer back, well then he deserves to get his money and he could sue me for it. If I don't have a piece of issued equipment 10 years later, he will expect me to buy him a new one, equipment doesn't last forever...

There have been some questional financial practices in the past that have cost me 10s of thousands of dollars in retirement, promised payments in writing, delays of payments and refusal to be retroactive after the fact 2 years later, and so on. I'm just trying to CYA...

ElleMD
08-13-2008, 12:31 PM
Sorry but there is nothing that says the policies can't change and nothing that says your employer must provide you with a company car. In PA, they can require you to use your car and not reimburse you for it. If they are paying something toward it, that is more than the law requires. Most companies that require employees to drive require a set amount of insurance. Nothing at all illegal there. Who may or may not be liable in an accident has nothing to do with who owns the car.

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