Legal question- maybe someone knows?

A friend of mine works at Pizza hut as a delivery driver, and today it snowed very heavily, it is impossible to drive on the roads as this is Atlanta and we don't have snow tires nor any preparation for driving in snow...
So, my friend wants to call in and say he can't make it, but he is afraid that they will fire him if he refuses to go. The reason being that he worked last night (it was snowing then too) and wanted to leave, but they didn't let him and did not close the store.
This makes me sooo mad at both the business and the people who order pizza in this weather. It's just evil to make someone drive in this weather just to get your food to you.
Anyway, does anyone have any idea if it's legal for them to fire my friend if he refuses to drive in the bad weather?

Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause or no cause at all, so long as it is not an illegal cause.

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Sounds like they could fire him

They could, for anything they want pretty much.

Our pizza places do not deliver when the weather is bad. I'm curious if that pizza hut is - it would be pretty rotten if they're refusing to deliver in that weather and fire their delivery driving for not being able to make it.

I worked in a delivery place, and those are the busiest days... I was a guilty one who ordered the day that snowed here in Dallas... Throw me rocks, but I did...
He needs to show up. That doesn't mean he will deliver - I doubt they will be placing him in an unsafe situation, as they could face a lawsuit, but he needs to show up. He can help inside, prepare orders, or whatever...
I am sorry to say, but it comes with the territory of being a delivery person... I know, it sucks... But when bad weather happens, people order in, and delivery people/delivery companies are expected to deliver food. Yes, the delivery time does take longer, much longer, but happens. If his location is open today, he needs to show up, unless he is truly stranded, and there is no way for him to do so.
Again, it sucks, but it comes with the territory.
And I speak from experience... I was one of them...

I agree with Carolinalima. If he does not show to work, they could fire him. To be honest, even if he did show up to work, they could still fire him, as long as it isn't for reasons such as racial, religious, sex, or other discrimiation, or his refusal to perform an illegal or inappropriate act, etc.

What he can do, is show up and in a subtle way, remind them that injuries or personal property damage caused during his employment, and more specifically, during his performing what he was directed to do by his employer, without any foul play on his part, will most likely result in their being legally liabile for medical costs, property repair costs, and any other damages a court is willing to recognize including possible punitive damages for negligence in the form of knowingly putting an employee in harm's way (unless his employment contract specifies otherwise, which it might).

Disclaimer - I'm not a lawyer, and this isn't legal advice.

It amazes me that they could just fire someone for not turning up because they are snowed in, I have to say that no company would get away with doing that in France nor in the UK, they could give a written warning but not the sack.

Originally Posted by Milk maid

It amazes me that they could just fire someone for not turning up because they are snowed in, I have to say that no company would get away with doing that in France nor in the UK, they could give a written warning but not the sack.

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It doesn't sound like he's snowed in. Just that he doesn't want to drive in the snow.

Originally Posted by GoldyCat

It doesn't sound like he's snowed in. Just that he doesn't want to drive in the snow.

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big difference there...

He ended up going to work. I tried to convince him not to go at first because I'd never drive in the snow unless I had proper tires. IMO it's either his job or his life and I'd never risk it. I almost got in an accident driving in the snow, I lost control of the car and the breaks obviously did not work. It was a close call, thankfully there was no one around me but I spun 360 degrees. I was asking the question because I was hoping that it's illegal for them to fire him ...I guess not, it is so sad and unfortunate that they are open today. Of course I know with the proper tires and when they clear the roads it's no problem, but here in Atlanta that never happens. It almost never snows, and when it does, they close the schools and most businesses are closed and we just wait until the snow has all melted (almost always happens within a day or two, the snow from last night is nearly all gone and it was 4 inches)
The road I live on was blocked until recently because someone tried to drive on it and got stuck.

Originally Posted by ut0pia

He ended up going to work. I tried to convince him not to go at first because I'd never drive in the snow unless I had proper tires. IMO it's either his job or his life and I'd never risk it. I almost got in an accident driving in the snow, I lost control of the car and the breaks obviously did not work. It was a close call, thankfully there was no one around me but I spun 360 degrees. I was asking the question because I was hoping that it's illegal for them to fire him ...I guess not, it is so sad and unfortunate that they are open today. Of course I know with the proper tires and when they clear the roads it's no problem, but here in Atlanta that never happens. It almost never snows, and when it does, they close the schools and most businesses are closed and we just wait until the snow has all melted (almost always happens within a day or two, the snow from last night is nearly all gone and it was 4 inches)
The road I live on was blocked until recently because someone tried to drive on it and got stuck.

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Hum...... 4 in of snow yesterday... I am sorry to say, but I am glad he went to work... There is no way that that little snow could qualify him to be snowed in... I don't want to dismiss the danger of Ice, but looking from his employers perspective... I also don't think there is special tire gear for that quantity of snow.
What happened to you... was it snow or ice? - Ice is VERY VERY dangerous... If that is the case, then yes...

I'd never drive in the snow unless I had proper tires.

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Michelin Pilot Sport A/S Plus and other ultra-high-performance all-season tires are a great way to be prepared for anythihng mother-nature decides to throw at you. When it came time to change my tires, which was right before I moved north, I changed to those, but there are a few other great performers out there too. As I've mentioned before, you really can't put a price on safety.....

well, literally, I suppose you can... but you know what I mean.

This safety tip has been brought to you by your friendly forum safety nut, as well as the letter C and the number 5.

Something like this really depends on the company policy. I don't think there is any labour law that covers this.

For my brother who is a transit bus driver, even if the city comes to a complete and total standstill from a major snow storm, and I'm talking major that shuts down buses too, if he doesn't show up for work, he's subject to disciplinary action!

Back in 1986 we had such a bad snow storm that the only things running on the roads were graters that were clearing paths for ambulances, snowmobiles and army tanks. Medical staff for hospitals were being picked up by snowmobile or grater to be taken to work because others were already stranded at work and doing 24 hour shifts! Here is a bit of an example. The snow in our front yard of our 2 story house actually reached the roof!! By the time we shoveled ourselves literally out of the house to the front steps, and over the next 4 days to the street, the banks on either side of our side walk were over 7 feet high.

http://members.virtualtourist.com/m/p/m/9061c/

My brother walked several miles across the city in the snow, only to get to work and be told that the buses were not running and that he could go home! He already knew that before he left the house. But he had to show up anyway. So he walked all the way back home again!!! That is the city transit's policy.

I'm a nurse, and I don't know if this is because of our union or not, but I do know those that live out of town sometimes call in "absent" to work due to road conditions. A few weeks ago the roads were so bad that more than 50% of the clinic nurses called in because they lived outside of town and couldn't get into the city due to huge snow drifts and/or closed roads due to icy conditions. Those nurses are marked "absent" and not paid for that day. They do have the option though of taking a sick day from their sick bank, which goes against their (7 allotted sick days per year before being "spoken too about sick time), or if they have over time banked they can request to be paid from that.

I would think that if your job involves driving, that unless the city/county is strongly recommending staying off the roads, that every effort needs to be taken to show up for work and do the job. However, I'm one that would put my life and safety ahead of a job. If I felt it was too dangerous to go and to my job and that I could become injured or even worse, I would call in. If it resulted in the loss of my job, so be it especially if it involved a delivery type job because those jobs are pretty easy to come by.

Half the people I know keep their all season tires on during a Canadian winter, and while unusual for your area, 4" snow is not all that much, especially if it melted overnight - it shouldnt have been so cold that lots of ice formed while he was working

I know 4 inches is nothing but to us that's a lot. In the 10 years I've lived in Atlanta, we've never had more than 1 inch, most years we get no snow and sometimes we get half an inch. The time when I lost control of my car was last month- we had 1 inch of snow then but it didn't melt until 4 days later and all the roads were iced. I really thought today would be the same. It was early in the morning when I talked to my friend and there were cars that were getting stuck on the road I live in because they couldn't go up the hill due to the ice. That's why I was worried. It melted later on so it was fine, and it's fine now, the roads are almost dry thankfully.
But isn't there something else you guys up north put on your tires, something like spikes to increase friction?? Sorry, I haven't lived in a place where it snows regularly since I was little and I certainly don't remember things like how to drive in snow.

The winter has been fairly mild this year so we haven't even switched out the tires, the all seasons work fine.

The only difference is we put lots of salt down on the roads before winter weather is supposed to hit the area. Spiked/studded tires are illegal in many parts of Canada, they wreck the roads

Originally Posted by ut0pia

But isn't there something else you guys up north put on your tires, something like spikes to increase friction?? Sorry, I haven't lived in a place where it snows regularly since I was little and I certainly don't remember things like how to drive in snow.

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No

Sorry, I'm not laughing at you. I'm laughing because there is such a misconception of how us northerners survive real, actual, frigid cold winters.

The use of spikes and chains on car/truck tires for city/urban/highway travel is actually against the law. They tear up the roads.

Where you will find people using them is in remote parts and back roads and winter roads over lakes, but only for a short period of time. For example if a big rig is going over a lake and it gets stuck in slush, the driver will put on tire chains in order to allow himself traction to get out of the situation, but then he will take the chains off.

Most people use "all season" tires. Some will actually put on "winter" tires which have bigger grooves/treads in order to grab more snow and provide better traction.

The key to winter driving up here is knowledge about how to handle your car on snow/slush/ice. IE: if you go into a skid and it's your back tires that are spinning, you apply gas. If you are in a skid and it's your front tires that are spinning, you gently apply the breaks. And knowing which way to turn the steering wheel during all that is important! Basically, defensive driving and care/caution.

It's hard to believe but even with the amount of snow that we get, there are people who actually ride their bicycles all winter long here.

The difference with storms up north compared to those in the south is that the majority of drivers do know how to drive in it. Even if you're not the one losing control it doesn't help if someone has their car stuck blocking the end of the street or someone looses control in front/behind you.
Plus you don't have to wait 2-4 days for your cities to respond to it.

With the last storm here, the town didn't send any trucks out to scrape and sand until it was already halfway melted 3 days later.

The last large storm to hit OK.

Originally Posted by ut0pia

I know 4 inches is nothing but to us that's a lot.

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That's what I was thinking as I read this thread, it doesn't snow where I live so if we ever got 4 inches no one would have any clue how to drive in it and I wouldn't attempt to.

Unfortunately in private businesses they really can fire you for just about any reason and sometimes they don't even have to tell you the reason. Its costly to get a lawyer to fight it and most of the time not worth it.

Here in MN we just have all weather tires - no chains or spikes or anything. That's been banned for decades on highways/roads. You just slow down and take your time (unless you are one of the idiots who thinks they can drive in snow and on ice with a all-wheel drive.........and end up in the ditch when you hit the ice patch ahead)..... I usually wave at them when they are sitting there.

Originally Posted by ut0pia

He ended up going to work. I tried to convince him not to go at first because I'd never drive in the snow unless I had proper tires. IMO it's either his job or his life and I'd never risk it. I almost got in an accident driving in the snow, I lost control of the car and the breaks obviously did not work. It was a close call, thankfully there was no one around me but I spun 360 degrees. I was asking the question because I was hoping that it's illegal for them to fire him ...I guess not, it is so sad and unfortunate that they are open today. Of course I know with the proper tires and when they clear the roads it's no problem, but here in Atlanta that never happens. It almost never snows, and when it does, they close the schools and most businesses are closed and we just wait until the snow has all melted (almost always happens within a day or two, the snow from last night is nearly all gone and it was 4 inches)
The road I live on was blocked until recently because someone tried to drive on it and got stuck.

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I understand that four inches of snow in a place where it does not normally snow is a lot.

I just want to address what happened to you. When you feel your car go into a skid, slamming on the brake is the last thing you want to do, as you have discovered, brakes will not help with spinning tires that having nothing to grip on.

Instead you want to shift down to the lowest gear possible, and turn your wheel into the skid.

I feel bad for all of you getting that unusual weather, I know how it can paralyze an area not used to it, as I sit up here in a northeastern mountain snow belt getting nothing at all.