You’ve worked hard to build your career and make a good impression at your place of work, building professional relationships with your coworkers and boss. Then, bam, a car accident and, along with it, stress. The last thing you expect is a car accident to jeopardize your job security. Unfortunately, it happens more often than you might think.
Car accidents can have far-reaching consequences, including potential implications for your employment. Whether you were driving your own vehicle or the company car, the aftermath of a crash can lead to unpredictable clashes between you and your employer and sometimes unexpected bumps in your career path. But don’t fret! Let’s explore how car accidents influence your job and what California and federal protections are available.
How Car Accidents Can Affect Employment
Depending on your profession, a car accident could mess up your plans in a few ways:
- Driving on Company Time: If your job involves driving a company car, an accident could lead to insurance headaches or even difficulty getting approved for company insurance in the future.
- Clean Driving Record: Many jobs require spotless driving backgrounds, such as jobs with the government, children, those handling confidential data, drivers of commercial and private trucking companies, public transportation, and many others. A driving record blemish can raise red flags and even put up a blockade for certain positions.
- Long Commute: If your accident makes your usual commute impossible, you might have to take time off or find alternative transportation options. Depending on what type of area you live in, the latter could be difficult if there isn’t a solid public transportation system in your area. Unfortunately, many suburban and rural areas lack extensive public transport, and ride-sharing to work every day for most is not financially feasible and can also be unreliable.
- Recovery Time: Depending on your injuries, you might need to seek medical attention and physical therapy, forcing you to miss work.
Disciplinary Actions After an Accident
If you’re involved in a car crash, regardless of whether you were driving a personal or company vehicle, your employer might take disciplinary action against you. They may question your judgment and adherence to company protocols, or even your now tarnished driving record can come into account. For instance, if you’re a salesperson using your personal car for work purposes and get into an accident while texting and driving, your employer might view this as negligence. The event could lead to disciplinary actions ranging from warnings to suspensions and, in the most severe of cases, termination.
Termination Following a Collision
Losing your job can become a primary concern after an accident, especially when the incident results in significant damage, injury, or loss of life. Employers may view such situations as breaches of trust or safety violations, which can lead to a termination, even more so in cases involving gross negligence.
Company Car Accidents: When an employee drives a company car, the expectations for responsible behavior and trustworthiness are often elevated. Gross negligence, like driving under the influence of substances like alcohol or drugs, engaging in reckless driving practices, or violating safety protocols and traffic laws, can lead to instant termination. Employers have a duty to ensure the safety of their employees and others on the road and often want to extend that duty to the community and customers they serve. Sometimes, a severe breach of this responsibility can justify termination. For instance, if an employee is involved in a serious accident while driving the company car and is found to be speeding, texting, or driving intoxicated, the employer would likely see this as a violation. The company can then argue the employee’s actions were a risk to themselves and the company’s values, reputation, and liability.
Personal Vehicle Accident Employment Impact: The consequences can still be staggering even when an accident happens while driving a personal vehicle. If the accident occurs during your working hours or while performing duties related to your job, the employer might scrutinize the situation closely. An employee who gets into a collision while running a work-related errand in their personal car might face disciplinary actions if the employer believes the employee was not exercising due care. Alternatively, if an employee’s ability to perform their job is compromised due to injuries from the accident, the employer might consider termination, especially if the role requires physical capabilities that the employee can no longer meet. In such instances, employers are often required to explore reasonable accommodations under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) before making a termination decision.
Understanding Your Legal Protections
California’s employment laws provide excellent protections for employees who face termination after a car accident. The state’s at-will employment doctrine allows employers to terminate employees for almost any reason, but there are exceptions. Employers cannot terminate employees for unlawful reasons, like illegal, discriminatory ones. For example, if an employer uses the accident as a pretext to terminate an older employee or a worker with a disability, this scenario could fall under wrongful termination.
Employees also have protections under the public policy exception to at-will employment. If the employee was terminated for filing a workers’ compensation claim following a car accident at or related to work, this could be considered a retaliatory termination and is illegal in the state of California.
Challenging an Unjust Termination
If you believe your termination was unjust, especially if it was based on discriminatory practices or in retaliation for exercising your legal rights (like submitting a workers’ compensation claim), you have legal options. In California, you may also have the option to file a wrongful termination lawsuit against your employer. If your claim is successful, it could also be fruitful in the form of Compensation for lost wages, benefits, and even punitive damages in cases of egregious conduct by your employer.
In cases where the accident results in significant damage or injury, termination may be a possibility, especially if gross negligence is involved. For example, if an employee driving a company vehicle is found to have been driving under the influence, termination could follow due to a breach of safety policies. However, it’s important to note that California’s employment laws provide protections against wrongful termination. If you suspect that the termination was unjust or based on illegal, discriminatory practices, you could have legal grounds to challenge the action.
Legal Protections for Employees
After a motor vehicle crash, especially one that impacts your employment, it’s essential to understand the legal protections available to you. California law provides several avenues to protect your rights, whether you’re dealing with medical expenses, job loss, or potential wrongful termination.
- Workers’ Compensation: If you were involved in an accident while performing work-related duties in a personal or company vehicle, you may be eligible for workers’ compensation. The system can cover your medical expenses and a portion of your lost wages. Further, the system kicks in regardless of the party at fault for the accident.
- Unemployment Benefits: If you are let go after an accident and feel the decision was unfair, you could still be eligible for unemployment benefits. California law allows terminated employees to collect unemployment unless they were fired for serious misconduct. If your employer rebuts your claim, you can appeal the decision.
- Legal Recourse for Wrongful Termination: Did your boss fire you wrongfully after an accident? Consulting with an employment lawyer is vital. An employment lawyer specialized in California Employment law can help determine if your termination violated state regulations or federal laws and assist you in filing the wrongful termination claim.
Protecting Your Job and Legal Rights After a Car Accident
When dealing with the aftermath of a car accident, protecting your job and legal rights must be at the top of your priorities list. Start by keeping comprehensive documentation of the incident, including the particulars like the time, date, and location, as well as any communications with your employer. Familiarizing yourself with your company’s guidelines on accidents and disciplinary measures is also critical, as this knowledge can help you remain proactive and formulate a defense if needed. Consulting with an employment attorney is vital when your job is at risk. An employment law firm can guide you through the legal process, ensuring that your rights are maintained while helping you with any potential challenges linked to your employment status. At Sanford A. Kassel, A Professional Law Corporation, we specialize in employment law and have extensive experience handling personal and company vehicle cases.Schedule a free initial consultation with an experienced San Bernardino employment attorney or call our employment law firm at 909-884-6451.
