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  • Exhausted V.P.

    I am a salaried employee. I just started a new job in a V. P. position. I spent the first two weeks traveling overseas, meeting with partners in India. The trip was exhausting and I arrived home at midnight Sunday but expected in the office at normal hours the next day. 8am.

    I told my boss I was totally exhausted and really needed a few hours in the morning to catch-up on sleep. He said "No. This is the way it's done here." Since I had just started the job and felt I had no choice. But I never arrived. On the way to work the next morning I fell asleep while driving to work, totaled my car and another vehicle. I landed in the hospital for two days and the other driver was also seriously injured.

    I understand as a salaried employee I can be required to work 24/7. But isnít there any recourse? Yes, Iím looking for another job but in it wonít be easy. Until then, I can't afford to do this again.

    Exhausted V.P.

  • #2
    You said it yourself. There is no recourse.

    You could be required to work 24/7. The company could even judge you harshly for asking for the sleeping in time... and could fire you for the time you spent in the hospital....you are not yet covered under FMLA.

    Sorry.

    I would even doubt if a judge would consider a civil suit against your employer for the accident.... because they asked you to be in the office... they didn't ask you to drive in. You could have taken a cab or had someone else drive you if you were concerned about your state.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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    • #3
      Since you say yourself you could be required to work 24/7, what recourse are you looking for?
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        cijeff hit the nail on the head- we are all responsible for making our choices, and a cab or getting another to drive you should have been the descision. In any area of law choices are always gonna be considered(should have reported to police rather then assault, ect...)
        People dream of high position jobs. They only see salary and think they sit around all day simpy giving orders.
        Dont know if the OP has ever been in a high level position prior to this one, but seems to have very little experience.
        Keep in mind the higher one gets the chances of being fired greatly increase in addition to longer and longer hours.
        Heck just a few to mention, Ted Turner, Bill Gates, both make great use of their sofa in their offices and never heard of lunch breaks.
        I would not be even be thinking about recourse against your employer. Not just because you do have have even a remote case, but the person you injured will seek recourse against you, and has a case while u do not.
        So yes get a lawyer, but one for your desfense.
        Your options in the workplace are the three "L's"- Live with it, Lobby for change, or Leave. Screaming for an attorney will do no good most of the time.

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