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Can't work because I hit a deer? Maryland

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  • Can't work because I hit a deer? Maryland

    I'm a non DOT driver in Maryland. A few days ago I hit a deer with the company van. After the completion of my shift, I had to have a drug screen and was told I could not drive until the company had received the negative result. I lost two days of pay for an accident I had no fault in. Can they do this legally? I understand a post accident drug screen but the pay I lost seems like punishment.

  • #2
    Yes, they can do that legally.
    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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    • #3
      thanks for the response. what about if someone hits your vehicle while you're not in it?

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      • #4
        If you are looking for a laundry list that says, you cannot be suspended without pay in the following situations, there isn't one.

        Assuming you are non-exempt, you can legally be suspended without pay for pretty much any reason the employer can come up with. It may or may not be fair, but the law does not get that detailed. There are limits to why an exempt employee can be suspended without pay but not non-exempt. The government simply does not get involved with how the employer runs his business to that extent.
        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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        • #5
          Maybe not fair but as noted, not illegal.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            Given that your employer can legally fire you for not hitting a deer, then certainly your employer can legally suspend you without pay for hitting a deer.

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            • #7
              Originally posted by eerelations View Post
              Given that your employer can legally fire you for not hitting a deer, then certainly your employer can legally suspend you without pay for hitting a deer.
              Poor deer.
              I now live in Western PA north of Pittsburgh and have for the last nearly 3 years. I have not yet hit a deer and I dread the day when I will (although I see them on the side of the road all the time). I understand from people who have lived here a lot longer than I have that it is inevitable.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                I live on the South Shore of MA and in the last 2 weeks, 3 deer have been hit on the highway.

                My town has plenty of them but in my side of town we see turkeys more. I almost hit one of them last week.

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                • #9
                  Originally posted by sweezy View Post
                  I'm a non DOT driver in Maryland. A few days ago I hit a deer with the company van. After the completion of my shift, I had to have a drug screen and was told I could not drive until the company had received the negative result. I lost two days of pay for an accident I had no fault in. Can they do this legally? I understand a post accident drug screen but the pay I lost seems like punishment.
                  Your employer is being responsible in keeping you off work until they receive the drug test results. What if they have a driver who had an accident who WAS under the influence of alcohol, cocaine, whatever and they allowed him to continue to drive pending the drug test results. He could kill someone in the meantime.

                  I hit a deer once - or rather a deer jumped right in front of my car as I was driving down the street. I get that it can be impossible to avoid an accident like that but if I were your employer, I'd still do the same thing they're doing.

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                  • #10
                    I now feel sad with all the talk of deer being hit/hitting cars. We don't have any by us.
                    Last edited by Betty3; 05-14-2010, 10:11 AM.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      No deer by my neck of the woods, but a lot of cute bunnies.
                      Very hard to see in the dark, except that cute white fluffy tail, and then it is too late

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                      • #12
                        A bunny lives under a shed in the neighbor's yard. Every night when I am making dinner the bunny sits in my backyard where I can see him. The bunny sits so still he looks like a statue. Then after 5 minutes he hopes away.

                        The same night I almost hit the turkey, I also almost hit a bunny. Luckily it ran fast. I drive home at sunset and it seems to bring the animals out.

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                        • #13
                          Originally posted by Betty3 View Post
                          I now feel sad with all the talk of deer being hit/hitting cars. We don't have any by us.
                          Betty,

                          Let me have your address and I'll send you some. I have had as many as 22 in my yard at once, and it's only an acre and a half. They're fawning this month, so we'll have even more by the time we run out of browse for them. Between the traffic hazards, the ticks, the overgrazing and the poop, I'd almost rather have pigeons.

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                          • #14
                            My town has lots of Canadian geese we would be glad to have off our hands

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                            • #15
                              Originally posted by Texas709 View Post
                              Betty,

                              Let me have your address and I'll send you some. I have had as many as 22 in my yard at once, and it's only an acre and a half. They're fawning this month, so we'll have even more by the time we run out of browse for them. Between the traffic hazards, the ticks, the overgrazing and the poop, I'd almost rather have pigeons.
                              You must be in the hill country, yes?
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

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