Legal Question in Employment Law in California

Outside Marketing - Use of Personal Car and Insurance, Note: This is not in our

I work for a copy center company, that wants employees to take advertising & catalogs, with samples of our work, to outlying businesses in order to get new business & inform the business comunity that we are in exitence.

The problems are: We use our own cars, they won't provide one. Only gas + a small amount will be provided for wear & tear & mileage. No insurance provided except workmans comp. This requirement is not in our signed job description.

My Question(s): Can they make us do this or fire us?, & what compensations, do we have a right to? What laws are there reguarding this particular instance? What off-site liabilities are covered if we have an accident or injure ourselves, car, or others in the process? Do they have to provide a car? What comp or percetange must if any they provide for using our own car?

Thank you for your time,and consideration.

Sincerely,

Frustrated.


Asked on 5/13/03, 8:36 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Outside Marketing - Use of Personal Car and Insurance, Note: This is not in

By law, employers must reimburse California employees for all expenses incurred on behalf of the company in the performance of their job. If part of the job requires promoting the company, then the costs incurred for that activity as well. It also sounds as though the promotional activities are under the control of the company, which means you are still on the clock and must be paid for the time worked for the company.

While the employer does not have to purchase auto insurance for you, it could be held liable for any accident you are involved in the performance of your duties. Workers' compenation will apply too, if injured in the course and scope of your job.

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Answered on 5/16/03, 3:47 pm


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