Car Accidents & Employment Eligibility

Christinet · December 2002

I have an outside sales rep that has caused 2 car accidents in the past 3 years while driving in the course of company business. My question for those that might also have experienced this dilemma is how to handle this for a current employee. If this person was applying for the same position we would conduct a motor vehicle record search (w/appropriate notice, release, ect.)If this record came up, they would not be eligible for hire. How do others handle this? Should the employee be terminated due to driving record as not eligible for continued employment? Or, are you more flexible with current employees? The CEO's concern is, of course, liability if this happens again, we are sued, and it is shown that we knew of this poor track record. Of course he's also a very good sales rep, so his manager does not want to lose him.

Cindy Hanna · December 2002

How did this sales rep cause the accidents? I need a little more detail to determine what type of action I would take.

Christinet · December 2002

The first accident was an improper lane change. Basically, he drove right into the side of another car. The most recent one, he was tailing too closely in the rain and when the car in front stopped he slid right into the rear. He was deemed at fault for causing both accidents.

Cindy Hanna · December 2002

I would talk / write-up the sales rep and let him/her know the next incident he/she would be terminated if he/she is at fault. Obviously this sales rep is not paying attention, both accidents were preventable. Also, I would write a policy that pertains to driving. (look on internet for a sample policy) I do know that some companies require employees to pay the deductable if they are at fault in an accident.

Was this sales rep on the phone by chance? I would get a cell phone policy together if you don't have one already. I have a cell phone policy if you would like a copy.

Damien · December 2002

You may want to consider having him take a driver training course and document that he had the training. That way, if it happens again and you decide to terminate, you show a good faith effort in providing him what sounds like much-needed training!

Balloonman · December 2002

Myself I would fire him. However depending on what your policy is, or isn't you are correct that by keeping him there is a significant liability exposure for the company.
Couple of things the advice given so far was good. You can call your local Safety Council and find out who or where the 8 hour defensive driving course is offerred.
National Safety Council, Orlando Chapter*
AmSouth Building, Suite 200
5401 Kirkman Road
Orlando, Florida 32819
Phone: (407) 370-4098 or (800) 427-2713
E-Mail: [email]orlando@nsc.org[/email]
FAX: (407) 370-9902
stc

South Florida Chapter, National Safety Council
2099 West Prospect Road
Fort Lauderdale, Florida 33309
Phone: (954) 772-9900 or (800) 392-5101
E-Mail: [email]info@safetycouncil.com[/email]
FAX: (954) 958-6872
stc
Not sure which is closer to Boca. Then sit down explain to the employee that 1. he must take and pass the course. 2. Any tickets or accidents on his license will make him ineligble to drive for the company. 3. Can't drive can't be sales rep and will be terminated.
That should get him moving in the right direction.
My $0.02 worth
DJ The Balloonman

Pork · December 2002

We have a very strong policy pertaining to this situation. Due to our 18 wheeler fleet and many pick-up fleet we have a policy of one at fault accident and you are gone. We hold to that standard for all company fleet vehicles! We have lost only one unemployment claim and won all other litigation by sticking to our policy. Our insurance company which is a third party administrator agrees with our policy and makes the individuals uninsurable with any "at fault" accident. With "uninsurable as a tag" there is no court in this land that is going to hold your company in the wrong for terminating. Now we do subject some to re-hire after 6 months and the insurance company supports us in that point as long as their MVR remains within the rating applied to each driver. A driver can accumalate up to 12 negative driving points for all sorts of reasons. "At fault" vehicle accident is a 13 negative point rating, speeding tickets are 3 points each so 5 of those and you will also be gone. This hard line and consistent policy has kept us pretty healthy over the last 3 3/4 years! Having a strong accident policy and sticking with it is the way to go! Pork

Car Accidents & Employment Eligibility

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