Can your Ohio employer fire you for not coming to work when the roads are too dangerous?
Ohioans are in the thick of winter, which means snow, icy and with it, dangerous road conditions for many areas. Although most roads are cleared with salt and maintained for the winter weather, some roads can still be chaotic for people trying to make the commute to work everyday.
Perhaps your route to work is just too dangerous to drive and you refuse to go into work because of it. Can your employer still fire you for not showing during dangerous driving conditions? Here’s what to know:
Can you get fired for not showing up to work when the roads are dangerous in Ohio?
It depends, but most likely, yes. Here’s more:
If you are a motor carrier driver who transports people or cargo, you can file a complaint with the Occupational Health & Safety Administration (OSHA) at any time when you have dangerous work conditions or fear for your safety.
However, according to OSHA, you must make sure all of the following conditions are met:
Where possible, you have asked the employer to eliminate the danger, and the employer failed to do so; and
You refused to work in “good faith.” This means that you must genuinely believe that an imminent danger exists; and
A reasonable person would agree that there is a real danger of death or serious injury; and
There isn’t enough time, due to the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA inspection.
If you are not a motor carrier employee, you can still report a dangerous incident to OSHA, but it may not protect you if you weren’t already on site.
If you are simply refusing to travel to work, your employer could still fire you and here’s why:
“If you commute to work, you cannot simply refuse to drive to work due to a fear of road conditions. Your employer must agree that the weather is too dangerous for driving,” said a representative with Robert A. Klingler Co. Attorneys at Law. “Otherwise, your employer has the right to fire or otherwise discipline you for not coming to work.”
So, why is that?
Well, Ohio is an at-will employment state, which means that employers can terminate employees for any reason at all and at any time. Of course, this does not include discrimination.
If you refuse to show up to work due to weather conditions, your employer is within their rights to terminate your employment. But, they could also just deduct the time from your paycheck or require you to use a vacation day if you have any.
What other questions do you have about this topic? Let me know in the comments or email me at cmadden@mcclatchy.com.
