DavidLee

For those that don't know I was involved in a crash on 4-13 that resulted in fracturing my elbow & separating my shoulder. I needed 2 screws placed in my elbow & will return to work on June 5th. Now because my injuries were bicycle related certain members of management have been making hints that I should no longer or by their instruction WILL no longer bike commute. I keep telling them that you wouldn't tell a person involved in an auto accident that they shouldn't drive any longer, would you? 3 million plus people a year in the U.S. are injured in auto accidents but I bet not a single person is ever told by their employer to never drive to work again.

The one upside is that the Human Resources Manager at my job seems to side with me & the Plant Manager is an avid cyclist as well. Can they legally tell me I'm not allowed to bike commute?

kjmillig

I'd be talking to a lawyer. Your point is right on. They can't dictate your mode of transportation, though some employers can dictate what's parked on their property.

JumboRider

Most workers in the US are employed At-Will, meaning they can fire you at any time. Unless you are a member of a protected class, a contracted worker, or a member of a union you probably fall under the at-will definition. I would contact you state/city advocacy group.

Try to understand your companies point of view. How did your absence affect the company? How does your rehabilitation affect your productivity? Once you understand their concerns you can better address them and put your management at ease. Let them know how long you have been commuting and how this was your x number of serious injuries. Tell them that riding daily keeps you in shape and healthy, reducing your number of sick days normally taken (if true). Try to develop a conversation and not a confrontation as you discuss this issue.

You will also want to have facts ready as you talk to your management. Bicycle accidents in your area vs. motorcycle accidents etc.

In the end you may need to comply with their wishes and find another job that allows commuting.

Good luck.

Traicovn

I am not a lawyer but, method of transportation is not a protected class/category (e.g. race, gender, health), so from that stance yes they can fire you. I am not familiar with the law in Maryland however or if there is any case law that exists out there that dictates otherwise.

Az B

In my state, lifestyle is protected. I have successfully used the lifestyle argument to continue riding my motorcycle to work. My employer didn't like it because he didn't think it was "professional", not because he cared even a little about my health.

Az

Portis

I think Jumbo is right. They can pretty much tell you anything if they want to if you are an at will employee. They can tell you that you have to walk to work and you can either:

a. do it.

or

b. quit.

It all really depends on how valuable you are to them. If you are extremely valuable to them, then they will go out of their way to accommodate you. If you are easily replaceable, they will probably tell you to hit the road.

DavidLee

Good points all, thanks. I've been with them for 14 years & have a pretty good track record. I'm not too fearful of being fired I just need to be ready if I do have this encounter with certain managers. I know of 1 in particular that hates cyclist & my accident just gave him the excuse he's been looking for. My job has been fantastic in dealing with my injury, it's just those 1 or 2 managers that I know want to make things difficult for me. Perhaps I'm reading too much into what was said by these 2? I don't know, I've been through a lot of emotions since my accident so maybe I'm just venting some unsubstantiated fears or just looking for ways to counter what ever arguments may come my way?

Thanks again all.

JumboRider

Hang in there. I was out of work for an extended period due to health problems and I was quite paranoid for a bit when I came back, even though work treated me great. Those managers that are giving you grief are probably the same tailgating cagers we all love to hate. The ones that know more about how their horn works than how to use their blinker.

JoebikerLa

I always like to have a back up plan, as in other employers that I may be able to work for, in case I get unreasonable demands. I am very lucky in that I seem to be a valuable employee and I could easily find other work if need be. I would not hesitate to let any one know that they could stick it in their ear if they tried to tell me how to get to and from work.

donnamb 

Protected class or not, I would most likely tell them I would be more than happy to stop bike commuting when they put it in writing that they will reimburse me for the cost difference between bike commuting and car commuting.

Traicovn

And if you are employed at will they can show you the door. DavidLee wants to avoid that I think.

I'm not saying that what the managers are saying is right, just that they probably have the legal grounds to do it. The fact that HR is siding with DavidLee is good, that is the correct route to go in most cases, before lawyers or any other outside mediator is brought into the equation. Unless the original posters mode of transit has frequently caused problems or is consistently having accidents it should not be a problem.

The managers could be concerned about loss work time, they could be concerned about the original posters health and well being, or they could be concerned about increased healthcare premiums if the original poster was to have additional accidents. It's also possible that the manager thinks they are being funny or coy by poking fun. I'm not saying any of these are valid reasons.

Unless the managers dictate that the original poster drive a car to work or that a car is required for their position, he could always park the bike elsewhere nearby (not on the plant grounds) and claim that he walks to work everyday from 'name of place where bike is parked'.

But lawyers / the judicial system should only be used once you have exhausted all other means of resolution.

Most likely by addressing the problem to Human Resources the managers will be told that it is not a problem and the original poster will be allowed to continue to commute by bike. The managers might still give you a hard time about commuting by bike, just come up with a good, not overly offensive retort back to them. Before someone says it, if this were to happen you could try to say that a 'hostile work environment' had been created, but unless you could prove that you had been denied promotion, or compensation, or had been adversely affected,it would probably not go very far.

I would not threaten legal action or suggest a lawyer unless they try to fire you for commuting by bike. Going that route changes the dynamics and limits your options for negotiation.

Personally I hope that DavidLee comes to a resolution with HR, and doesn't hear anything more from the managers who are giving him a hard time except perhaps the occasional "you are going to get killed on that thing you know" and he can come back with something like, "At least I'll have fun doing it." Judging by the original post this is the likely outcome.

bikedaddy

I don't know how bike-friendly the city you live in is but I think here (and other places like Boulder, Portland, OR, the Bay Area) some negative press couldn't be created in relation to a company prohibiting an employess from riding to work.

I would probably side with donnamb in asking my emplyer for reimbursement (I'm sure they would laugh but I would ask). Also perhaps you can use your personal situation in your favor. In my case we are a one-car family with 3 kids. My wife totes the kids around in the car and I ride my bike. It would not be practicle for her to tote me around also. Also... I would make use the health argument in my favor. I lost 30 lbs since I've rode my bike... I'm more alert at work...

Just some thoughts.

pedalMonger

Is there any place near work you can park your car safely, without it being towed or vandalized, stolen? Say around 1/2 mile or so from work. Then you can ride your bike from home to the car, lock your bike where your car was, and drive to work the last few blocks or whatever, then return to your bike and leave the car overnight. Maybe a parking structure that has free evening parking, or cheap monthly passes. Then you are complying if they just said "drive to work", and not "drive from your home to work"

dynodonn 

DavidLee, if your employers actively pursue the issue of trying to stop you from commuting to work by bike, my suggestion is to actively pursue in seeking new employment. You're probably not going to be happy if you cannot bike commute to work, and you're employers will not be happy if you do. As you have indicated, if you were injured in a motor vehicle accident, would they be so motivated to dictate your means of transportation.?

cradduck

Go to whoever is above these managers and discuss options with them. The upper level people of the company may not even be aware that the managers are pulling this and might put a stop to it right then and there. If that doesn't work then...

Even at-will employees have rights. Call your local labor board and discuss your options with them. They are going to want proof that the comments were made to you so if you can get their comments/suggestions in writing (or written testimony of people who overheard them saying what they said) then you are golden. If the labor board is made aware of the employers possible abuses of the law before actual threats are made reality then you are going to have even more of a solid case against the company. The labor board may call your employer (or show up at the door) and discuss what has taken place and what can happen if they don't cut it out. If you get fired after the labor has been made aware of situation as a retalitory act (even if the company claims that it is unrelated) then they may be forced to pay you your actual wage till suiteable replacement of employment is found.

You are not on the clock when you are riding your bike so they really have no say over how you get to and from work from a legal standpoint. If you are off the clock and decide to dress in drag that is your legal and protected right. Suggestions by your employer to stop dressing in drag infringe on those rights and are not legal; not matter what the personal opinions of the employers, managers, etc are. Just as well they have no right to tell you that you can not snowboard, skydive, bungee jump, or charm snakes on your own time.

Check your local laws and call your labor board but talk with your employer first. Stand up for yourself. Don't let an employer believe that they have complete control of how you conduct your life outside of work especially if you are doing something that is so benefitial to yourself and society as a whole.

Conveyor Belt

What if you were injured in the accident in a non-commute? Would they be able to tell you what you can and can't do on your off time? When you're going to and from work, are you being paid for that time? If not, how can they tell you what to do on that time?

I'm required to have a vehicle at work, but only if I'm the only manager on premisis. So, I adujust the schedule so I'm not the sole manager, and commute when I can do that.

Tom Stormcrowe

Look here: Nonsexual harrassment as it is defined under Marykand law. There are similarities, but a lawyer would have to be consulted for accuracy in my comparison as to precedent, I'm NOT a lawyer.

https://employment.findlaw.com/employ...cles/2671.html

DavidLee

Thanks everyone for your responses & advice, I appreciate them. This hasn't escalated any where near a litigious event so I'm not broaching those waters at all currently. I do believe my best course is to continue a dialog with my HR manager & nip this in the bud ASAP. As I stated, I have a pretty good relationship with my employer overall, it's these 2 managers who are ignorant about & biased against bike commuting that concern me. Thanks again everyone & I'll post back if anything new develops.

HoustonB

It is not June 5th yet, so I would guess you have not been back to work yet - correct?

What is the nature of your communication with the managers you refer to - is it email, phone, or have they visited you at home?

Why are you communicating with ANYONE other than the manager that you are required to inform of your absence and surely a SINGLE PHONE CALL IS ALL THAT WAS REQUIRED?

DavidLee

I've been back to once a week since my injury to update the plant manager, my immediate manager & the HR manager personally. I can't be at work everyday so while I'm not there these 2 managers are being vocal about their displeasure with my bike commuting, which worries me in my absence. As I stated above I have run the gamut of emotions the past 6 weeks so perhaps I'm worrying about nothing, let's hope so.

wesleysandel

Maryland is probably more civilized than Texas, but in Texas and other "at will" states, employers can fire you because they don't like you. EEO laws apply, but unless you can prove it's discrimination based on race, religion or gender, you're SOL. Good luck.

Blue Jays

Please keep in mind a HR manager in modern Corporate America is never on your side. It's the job of HR to be hatchetmen and they're instructed to control costs and minimize lawsuits against the firm. If HR is being friendly, it's a ruse.

HoustonB

It's not totally clear, but to me it looks like you are voluntarily making a once-a-week trip to work to "update" three managers personally.

biffstephens

Start collecting those hints as well....print and record....

Bolo Grubb

"At will" is such a joke. Arizona is suppose to be an "at will" state. I have never been able to fire problem employees with out jumping through hoops and documentation for months of some sort of poor performance (usually attendance). The company is afraid of law suits.

This has been the case at both of the major corporations I have worked at in the last 10 years. I was a low/mid level manager at both of these companies. Both companies had locations in several states and tended to follow the laws in the strictest state they had a location in. This may have affected their stance on "at will".

Most likely you just have a manager whose is annoyed at the lost productivity of you not being there. I doubt there is any thing he can really do.

Both the companies I worked for above, never cared how you got to work just so long as you were there. Many companies push things like ride share and taking the bus. See if your company has anything like that and use that angle to your advantage as well.

Good luck.