Anonymous

Boss asking me to do something I CANT legally do?

I work for an after school program. I’m working here until I can find full time work as I was recently laid off from my full time job. One of my job duties is to drive to one of the local elementary schools and pick up some children attending the after school program. (Note; I’m not even sure this is legal I think you need a special permit to do this.)

Anyway, the day before the after school program started I was rear ended pretty badly. I was given a rental car and was told i could not under any circumstances transport these children to and from the elementary schools with the rental vehicle.

I explained that to my boss and she was fine with it until my coworker got a DUI and lost her license and another coworker quit.

Yesterday, my boss informed me that I have no choice and have to pick up children from one of the local elementary schools starting on Monday. I explained to her and even SHOWED HER paperwork that stated legally I can’t do this until my car is fixed.

She told me she did not care and that the reason she hired me for the after school program is because she needs drivers to pick up these kids. She even asked me if I would give my rental car to a friend and drive their car all next week until my car was fixed. She told me I better find a way to pick up these children on Monday and that I better be there one way or another.

I don’t know what to do!!!

I can’t afford to lose this job but LEGALLY I cannot do it until my car is fixed.

20 Answers

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  • 4 months ago

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  • 4 months ago

    You were hired to do the job. If you don't do it, expect to be fired. However, you cannot and should not use the rental car to do it. Beg, borrow or - borrow a car to do it. There is no other option. If you can't borrow a car, then you are stuck. Under no circumstances should you pick up the kids with the rental car. It would be far too risky and you could get into serious trouble, especially if something happened and one of the kids was injured or killed. If you are stuck, then you call and apologize profusely and tell her that you asked everybody you know and nobody would switch cars with you and nobody would lend you their car for even one day. Then go looking for another job.

    Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.
  • 4 months ago

    Don't do it. If you think you can't afford to lose the job, what you really can't afford is the consequence of doing something illegal.

    But if she doesn't specifically need you to use the rental car to pick up the kids, can you legally use another car? Does the paperwork say you can't drive them in ANY car or only that you can't drive them in the rental car?

    How about using Uber or Lyft so you transport the kids with you, but you don't personally drive and don't use the rental vehicle?

  • Judy
    Lv 7
    4 months ago

    You can't in the rental car. Could you borrow a car, maybe your boss's car, just for that trip? Andd btw no, you don't need a special permit.

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  • 4 months ago

    Your lack of transportation is not her problem. It's yours. She can legally terminate you if you fail to perform the task you were hired for. She can't force you to use any vehicle to do the work but she can terminate you if you don't do the work.

    Therefore - and it's not a matter of law, it's not a LEGAL issue, it's the rental company's rule (for liability insurance reasons) - it's YOUR choice. Violate the rental company's rule and risk a severe lawsuit if you are involved in an accident, or risk losing your job.

    The rental company will equally be against you 'loaning' their car to a friend so you can drive the friend's car, and your friend would be foolish to agree to it.

  • 4 months ago

    Legally...you would just need to face the repercussions in the event of something bad happening. The rental company was basically saying, "if you use this vehicle to transport people for a fee, you have no coverage through our programs." Basically, it just means you are exposing yourself to liability...but not doing something inherently illegal as in breaking a law. I still wouldn't do it, but you shouldn't be making that argument.

    Here is my significantly larger concern...prior to this rental, you were using your own personal vehicle to do this. That would be a violation of many childcare laws in many states. You don't post your state...so no way to help guide you further, but this is a huge deal.

    If you were in an accident in your personal vehicle while transporting minors and there was any sort of serious issue, your personal auto insurer would deny any claims and leave you on the hook. This is the problem you should be addressing, the simple rental car thing is another story, but in the same vein.

    Figure out who licenses the day care, what agency (city, state, etc). Then, call them and ask about transporting kids in your personal vehicle...see what happens.

    • DEBS
      Lv 7
      4 months agoReport

      Agree with this. I would *except* the employer has the proper insurance to cover employees while using own (or rented) vehicle for work purposes. This is what a normal/real business does.

  • 4 months ago

    Find another job fast, then tell this idiot woman what she is doing is illegal, and pick up those kids herself in her own car.

    BTW, unless the other driver is listed as a driver on the rental contract, letting anyone else drive that rental car is illegal, too.

  • PAMELA
    Lv 7
    4 months ago

    So do not do it, report her to the police, they are doing illegal stuff and you could get into serious trouble, what if you transport the children and get stopped by the police, or even worse get into an accident? i would look for another job.

  • y
    Lv 7
    4 months ago

    Leave, DUI, people quitting, a boss telling you to break the law. Not the place you want to be.

  • 4 months ago

    Stick to your guns. Do NOT do anything illegal. If your boss fires you for refusing to break the law, that's on her, and you can sue her a** for doing so. If you break the law, you can get justifiably fired, and then you may be in legal hot water on top of that.

    Follow the law to the letter, and don't let anybody convince you otherwise.

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