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Is it legal for an employer to ask?
The Night Auditor in a hotel gets robbed at gun point during his shift 11pm- 7am. About 8 weeks later a car gets broken into in the parking lot of the same hotel. The owner tells the night auditor needs to walk around the parking lot during his shift, while he is still completing counseling under worker's comp. Isn't this owner asking too much?
9 Answers
- David SLv 71 decade agoFavorite Answer
It's legal. Employers can ask employees to perform any task they consider to be reasonable. The employee has the right to decline, but could be putting his job at risk by doing so. If the night auditor feels it is too dangerous, he may want to seek employment elsewhere.
- ?Lv 41 decade ago
No, the employer is asking the employee to do his job.
If the employee is unable to do this job because of a mental condition, then the employee can try to claim that it is a disability. If it is a disability under the ADA or state law, then the employer is required to make reasonable accommodation.
Under the ADA, a disability must impair one or more major life functions. It is hard to argue that being afraid after a robbery rises to that level. It is likely that the auditor is not disabled under the ADA
Generally, an employer can ask an employee to perform any duty regardless of whether or not it is within the employee's job description. The employer can fire the employee for failing to comply with the request. This is the nature of employment law in the United States. In the absence of a contract, the employee has no recourse.
- 1 decade ago
YES! the owner should get a security guard to walk the parking lot or he can come and do it himself. if i was the night auditor i would not feel safe doing that.
i work at a hotel but i work the first shift...its much safer so i dont need a guard but if i were to work at night i sure would expect one!
- BruceNLv 71 decade ago
Legal? Yes. Wise? Maybe not. If he doesn't think it's safe, he should ask them to hire a private security firm to do it, or find an employer who will.
I once worked at a place that asked an employee to wheel carts of quarters several blocks across the city to a food stand. When I pointed out that he could be robbed, I was told "thats ok - we're insured." After mentioning this to our insurance agent, he told them they had better get an armored car to deliver the money, or they would have to raise rates for the extra liability.
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- 1 decade ago
Assuming it's falls into the realm of job responsbilities, legality would depend on if the night auditor is on partial disability or not. If he isn't (or if he is and his doctor approved that type of phsyical activity), the employer can request it.
- ?Lv 41 decade ago
The Night Auditor should be doing this anyway, If he cannot do his job properly then he shouldn't be working there.
- Angel GLv 51 decade ago
i think so, but then again, if the person who is recieving councelling isn't able to handle it, they should be at home recovering.
Personally, i think the hotel needs to hire security.