So I work for a GC, and as everyone knows GC's are obsessed with safety which is a good thing.  There's a couple other guys here that ride to work, and they just gave me a heads up that the corporate safety guy told them 'no riding to work, end of conversation.' 

To clarify, the other guys either also have company cars or an allowance.  I do not.  Regardless, I don't see what right a company can have to dictate how you get to and from work.  Even if they have a company car, they aren't under company insurance when driving other vehicles right?

Now, he hasn't said anything to me yet, but what is my response if he does?  And 'pound sand' would probably get me fired.

Enlighten me worthy DMF brothers...

They may be able to tell you to not park in the construction area, but I doubt very seriously they can tell you how to get to work.  Do you have a written contract with some type of clause in it specifying that? 

Wow, what a pain in the ass!  What is next, they tell you to become a vegetarian and not eat  due to the health risks?

They can't prevent you from riding to work.  OTOH, they can find something totally unrelated to fire you for if they're total asses.

I do not practice in Colorado, so don't take this as legal advice, but this sounds like BS to me.  What you do off the clock should be your business.  Check out: http://www.aclu.org/workplacerights/gen/13395res20020312.html

A lot of the content has to do with employer actions against smokers, but CO looks to have broader protections that could very well cover riding to work:

"To correct the shortcomings of current law, twenty-one states have passed lifestyle discrimination statutes. The majority of these protect only smokers, but a few are broader. Colorado and North Dakota ban discrimination based on any form of legal off-duty behavior."

Maybe the ACLU office in Denver can send you a pamphlet on Colorado employment law you can give to your employer when they come to discuss the issue.    

Of course, you can be right and still be fired -- in which case you'd have to decide if it was worth fighting them on it, getting a lawyer, etc.

Quote from: russelson on July 23, 2008, 08:59:16 AM
I do not practice in Colorado, so don't take this as legal advice, but this sounds like BS to me.  What you do off the clock should be your business.  Check out: http://www.aclu.org/workplacerights/gen/13395res20020312.html

A lot of the content has to do with employer actions against smokers, but CO looks to have broader protections that could very well cover riding to work:

"To correct the shortcomings of current law, twenty-one states have passed lifestyle discrimination statutes. The majority of these protect only smokers, but a few are broader. Colorado and North Dakota ban discrimination based on any form of legal off-duty behavior."

Maybe the ACLU office in Denver can send you a pamphlet on Colorado employment law you can give to your employer when they come to discuss the issue.    

Of course, you can be right and still be fired -- in which case you'd have to decide if it was worth fighting them on it, getting a lawyer, etc.

Of course here in Colorado the employer has an out for all other laws due to it's "work at will" status.  Because of the protections it affords an employee it also grants a lot of power to the employer, such as the ability to fire you for just about any reason.  I'm to lazy to look up the statutes but it's pretty amazing what it allows for

WTF is GC?

That's great info russelson, thanks a lot!  Yes, Colorado being an at-will state makes it tough.  Hence why I can't say pound sand.  They would probably fire me, at will!

No, I have no sort of contract what so ever here.  There is an 'employee handbook', but it certainly doesn't address transportation to and from work.

MY feeling is if they approach me, I'll tell them how I get to and from work is none of their concern.  If they would like me to not ride for work-related business, or avoid riding on sites due to hazards, I'm alright with that.  In that case, they can provide me a company truck since they are preventing me from using my personal mode of transportation during work hours.  Does that sound rebellious enough with out finding my ass in the unemployment line??

If I had to guess, their line of reasoning is that they are taking on the expense of providing a way for these guys to commute - instead, they are riding their bikes, which may or may not be perceived as a risk to the company (having them out of work, healing from a crash).  Maybe that conversation went more like "We are paying for your car.  Use it."
If they do approach you, I would try to do my best to figure out the reasoning behind the decision, and figure out at what level of management this decision was made.  If it was a middle manager who suddenly got a hair up his ass, going to HR would be the next step - they will probably  be more worried about the legal implications than you will be.  Also, I have had success contesting things like this by escalating "discussions" to "meetings" - "This brings up some concerns... could we sit down with everyone, I'll arrange a meeting."  It challenges the authority of the decisionmaker to take whim and put it into policy by trying to elevate it above a water cooler discussion.  If this was a corporate edict, you'll probably want to look at any employee agreement you may have signed.
Legally, I can't imagine that they have a leg to stand on unless you signed a contract specifically stating otherwise.  That said, it may be hard to get someone to commit this new no motorcycle policy to paper, and therefore hard to fight as an official policy.  If they do lay this bullshit at your feet you will have to judge the probability of successfully fighting this against what possible unofficial repercussions there may be for making a stink about it.
In either case, good luck, let us know how it goes.

Quote from: ODrides on July 23, 2008, 09:25:27 AM
WTF is GC?

+1    I'll guess general contractor?

Quote from: NvrSummer on July 23, 2008, 08:35:31 AM
To clarify, the other guys either also have company cars or an allowance.  I do not. 

Perhaps this is the real issue.  It may be that they don't want company cars to be company bikes, and that's a perfectly reasonable request, IMO.  But, I'm not a lawyer like some of the other respondents here are.

Why wait to be fired? Tell them to fk off, kick 'em in the nuts and ride off.....on your bike.

If I were you I would start looking for a new job now.
Once you have a good offer go to your current employer, ask for a raise and tell them that you are going to continue to ride your bike to work.

How the fck can they dictate what you do during the time they haven't paid for. If you want to masturbate without safety goggles on your own time that's your business.

 

Life, liberty and the pursuit of happiness should not SHALL NOT be compromised.  You have no contract with them to operate any other kind of vehicle, or more importantly, to operate whatever vehicle you choose to drag your weary carcass to the job site each day?  My friend- wrongful dismissal would be more lucrative for you in the long run than paying the price of losing your rights and granting these fascist, smegheads the power to take those rights without compensation.   Continue to ride your bike, DO start looking for a new employer and be entirely honest with yourself and them when the day comes and they say "No more cycle."   You say, "Hasta la vista, Mr. Doodyhead".

Job interviewer: "Have you ever been fired?"
you: "YEP!"
J.I.: "May I ask why?"
you: "They didn't want me to ride my motorcycle to work."
J.I.:  " "
you: " "
J.I.:  "You're hired!"

QuoteWTF is GC?

Yes, GC = general contractor, sorry thought that was a given.

QuoteIf I had to guess, their line of reasoning is that they are taking on the expense of providing a way for these guys to commute - instead, they are riding their bikes, which may or may not be perceived as a risk to the company (having them out of work, healing from a crash).  Maybe that conversation went more like "We are paying for your car.  Use it."

I agree with this to a certain extent, but if you're riding your bike and paying for your own gas, can they really say anything?  I'm sure there's no clause in the vehicle agreement that says 'you must drive your truck everyday, no exceptions.'  My bigger concern is that although I don't have a company truck now, I will in the future, and if that means I can't ride to work than f that!  It's my understanding that company insurance only covers you while driving a company vehicle, and if you have a vehicle allowance you can spend it as you see fit.  Me thinks I won't hear a word from the safety department until I possess a company vehicle.

Quotegoing to HR would be the next step

Funny thing is, the guy that gave me the heads up is the HR manager.

QuoteWhy wait to be fired? Tell them to fk off, kick 'em in the nuts and ride off.....on your bike.

QuoteIf I were you I would start looking for a new job now.

I'd love to.  Anyone work for a cool company that's hiring PE's/APM's/Asst Supts???