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Author Topic: non-driver loses job
zazzo
rabble-rouser
Babbler # 4461

posted 12 July 2005 03:40 PM      Profile for zazzo     Send New Private Message      Edit/Delete Post  Reply With Quote 
Hi, all.
I just wondered if anyone here knows of anyone who has lost a job because they did not have a driver's license or vehicle. I was recently let go from a management position because the board of the non-profit found out I do not have a vehicle. I have held similar positions where this was not an issue. I was always able to be where I needed to be in terms of responsibilities involved in my position.
Could you let me know what you think?
I do not drive because it is my way of lessening impacts on the environment, and there are some people who should not be behind the wheel of a car, and I feel that I am one of them.

From: the centre of Turtle Island | Registered: Sep 2003  |  IP: Logged
Mr. Magoo
guilty-pleasure
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posted 12 July 2005 03:48 PM      Profile for Mr. Magoo   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
I was fired from my schoolbus driver's job because of no licence. Sure! Right! So it's all about a little piece of paper now, eh?!

Actually, I also have no licence, and I can tell you that back in my jobhunting days I'd pass on plenty of want ads that I knew would, sooner or later, expect me to drive.

Does your job specifically require you to drive? Or is "getting there" sufficient? Do you have a formal job description?


From: ø¤°`°¤ø,¸_¸,ø¤°`°¤ø,¸_¸,ø¤°°¤ø,¸_¸,ø¤°°¤ø, | Registered: Dec 2002  |  IP: Logged
EFA
rabble-rouser
Babbler # 9673

posted 12 July 2005 04:24 PM      Profile for EFA        Edit/Delete Post  Reply With Quote 
quote:
I was always able to be where I needed to be in terms of responsibilities involved in my position.

Then I really can't imagine why you'd need to hold a driver's licence. Are changes planned for your position?

I remember a sort of similar situation once where everybody at work had to get their paycheques by direct deposit. One hold-out refused to divulge her banking information.

I'd do the same here, if I were you.


From: Victoria, BC | Registered: Jun 2005  |  IP: Logged
The Hegemo
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posted 12 July 2005 04:38 PM      Profile for The Hegemo   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
I have seen a lot of job ads over the years that specify you must have a valid license and/or a car.

That's at the entry point, though. If they didn't specify it when they hired you, did you ever receive notice that the requirements were changing? It would only seem fair (which is usually different from legal when we're dealing with employment law) that if they decided the job required a license, that they give you time to either get a license or decide you'd rather work someplace else. Firing someone immediately because they don't have a license seems extreme.


From: The Persistent Vegetative States of America | Registered: Mar 2004  |  IP: Logged
Sara Mayo
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posted 12 July 2005 04:43 PM      Profile for Sara Mayo     Send New Private Message      Edit/Delete Post  Reply With Quote 
You may want to spend a bit of money to have a discussion with a lawyer about a wrongful dismissal suit.

Why did they think you need a car? Are there meetings that you have been unable to make it because of transportation? Are there any examples that they could bring up your lack of car ownership negatively affecting your job performance? Did they cite any other reasons when dismissing you?

I also refuse to buy a car for environmental reasons, so welcome to the great club!


From: "Highways are monuments to inequality" - Enrique Penalosa | Registered: Feb 2003  |  IP: Logged
zazzo
rabble-rouser
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posted 12 July 2005 06:38 PM      Profile for zazzo     Send New Private Message      Edit/Delete Post  Reply With Quote 
Hi, I will try to answer all your questions.
Mr. Magoo:
The job does not specifically require a license. Some travel is required, but "getting there" to attend meetings/ community events I thought would have been sufficient.
Job Description lists 8 qualifications, one of which refers to a valid driver's license. However there is no mention made under the list of responsibilities/duties.
EFA: No changes have been made to the position.
The Hegemo: There have been no changes made. The job specified a driver's license, but when I went to the interview, the question never came up, and when I submitted a cover letter and resume, I did not state I had a license, nor did I state I didn't have one.
I was not given an opportunity to prove I could do the job, I was dismissed after one week. I had a contract offer for 3 months, with the possibility of extending if satisfactory to both sides.
Sara Mayo:
I don't know why they thought I needed a car. I would have been able to attend meetings, as the city has buses, taxis, etc. even at short notice, I would have been able to make it. as for out of town, there are planes, and taxis, and shuttle buses to get you to where you need to go.
They were not able to bring up examples of lack of a vehicle as negatively impacting on job performance, but then I was only one week on the job. No other reasons were given for dismissal. I might add that I had all the other qualifications for the position (7 in all)in terms of education and experience and knowledge of community.

From: the centre of Turtle Island | Registered: Sep 2003  |  IP: Logged
Bacchus
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posted 12 July 2005 06:41 PM      Profile for Bacchus     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
The job specified a driver's license, but when I went to the interview, the question never came up, and when I submitted a cover letter and resume, I did not state I had a license, nor did I state I didn't have one.

Um then you applied for the job under false pretenses. Since it specified in advance you had to have one, by showing up to a interview its safe to assume you have one. Essentially you lied about a item of your resume


From: n/a | Registered: Dec 2003  |  IP: Logged
radiorahim
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posted 12 July 2005 06:51 PM      Profile for radiorahim     Send New Private Message      Edit/Delete Post  Reply With Quote 
I'm with Sara on this one...if you can afford it, consult with a lawyer.

Mind you I would hazard a guess that the best outcome of an unjust dismissal suit would be that they be required to pay out the full three months of the contract.

I guess part of it would also depend on what they paid out when they let you go too.


From: a Micro$oft-free computer | Registered: Jun 2002  |  IP: Logged
radiorahim
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posted 12 July 2005 06:54 PM      Profile for radiorahim     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Um then you applied for the job under false pretenses. Since it specified in advance you had to have one, by showing up to a interview its safe to assume you have one. Essentially you lied about a item of your resume

Not sure. Employers put all kinds of requirements on job postings these days...essentially "fishing" for the "right" person. Often they don't find their "dream" candidate and go with the best that they can find.


From: a Micro$oft-free computer | Registered: Jun 2002  |  IP: Logged
Cougyr
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posted 12 July 2005 07:02 PM      Profile for Cougyr     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by EFA:
I remember a sort of similar situation once where everybody at work had to get their paycheques by direct deposit. One hold-out refused to divulge her banking information.

Of course, the holdout could have opened a different account at a different bank solely for the direct deposit. A good manager should have explained how she could comply and keep her banking info secure. In the same way, a good employer should assist zazzo to meet the travel requirements, which is what the license is really all about. Or is it?

Some companies automatically poll the Provincial Driver's Abstract as a way of checking up on employees. Not finding a driving record, they may think that zazzo is a fraud.

These things are insideous. Years ago, I failed a bonding check. I changed residence as the check started and the investigator just stopped. Fortunately, my manager knew that I moved and re-started the process, but I could have lost my job over it.


From: over the mountain | Registered: Nov 2002  |  IP: Logged
EFA
rabble-rouser
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posted 12 July 2005 07:09 PM      Profile for EFA        Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Cougyr:
Of course, the holdout could have opened a different account at a different bank solely for the direct deposit. A good manager should have explained how she could comply and keep her banking info secure.

But the holdout didn't want to divulge any banking information, nor could her employer force her to.


From: Victoria, BC | Registered: Jun 2005  |  IP: Logged
Bacchus
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posted 12 July 2005 07:10 PM      Profile for Bacchus     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Employers put all kinds of requirements on job postings these days

Very true, but if you dont have the requirements, you dont apply or you state your willingness to acquire the ones you have missed.

When I was working form a headhunter we would get tons of resumes for positions and they would not have the requirements (especially when a few were underlinded as must have). They got shredded.

Now on the other hand, the employer should be clear when advertising

Must have xxx
should have xxx
would be good if they knew xxx

Are all very different requirements. If it was a must have license, you're out of luck. If its a "should have license or travel required license good idea" then you have more wiggle room


From: n/a | Registered: Dec 2003  |  IP: Logged
EFA
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posted 12 July 2005 07:10 PM      Profile for EFA        Edit/Delete Post  Reply With Quote 
If you were only on the job for a short time, you would be barred from a wrongful dismissal action (except for in a few weird situations). You can be let go without cause during your probationary period. That's the deal in BC, anyway.
From: Victoria, BC | Registered: Jun 2005  |  IP: Logged
Bacchus
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posted 12 July 2005 07:11 PM      Profile for Bacchus     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
But the holdout didn't want to divulge any banking information, nor could her employer force her to.


Did they keep their job? Or were they let go for other reasons or the first laid off?


From: n/a | Registered: Dec 2003  |  IP: Logged
EFA
rabble-rouser
Babbler # 9673

posted 12 July 2005 07:13 PM      Profile for EFA        Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Bacchus:
Did they keep their job? Or were they let go for other reasons or the first laid off?

Yes, she kept her job. She was a truly excellent employee who just didn't want go the direct deposit route for whatever reason.


From: Victoria, BC | Registered: Jun 2005  |  IP: Logged
obscurantist
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posted 12 July 2005 07:31 PM      Profile for obscurantist     Send New Private Message      Edit/Delete Post  Reply With Quote 
Hi Zazzo,

I'm sorry to hear about your situation. I'm also in the process of looking for work, and although I've kept my licence valid, I haven't driven for many years, for reasons of convenience, cost, and conscience.

While I wouldn't put it in quite the same terms as Bacchus (e.g. "false pretenses"), I agree that by not raising the topic in your cover letter, resume, or interview, you entitled the employer to assume that you satisfied the qualification of having a driver's licence. (This isn't a legal opinion, more an ethical / etiquette opinion.)

A driver's licence was one of the qualifications, and even if there was no mention of why it was a qualification, the employer saw fit to raise it as a matter of some importance.

The topic not coming up in the interview or elsewhere wasn't entirely your fault - if it was so important to the employer, it would have made sense for them to confirm whether you had a licence, rather than to assume so.

But I don't think they were obliged to do that. If you wanted to ask them why a driver's licence was a requirement, or if you felt you could explain that you could perform the job without a driver's licence, the logical place to do so would have been in the cover letter, in the interview, or when you were offered the job.

quote:
The job specified a driver's license, but when I went to the interview, the question never came up, and when I submitted a cover letter and resume, I did not state I had a license, nor did I state I didn't have one.

quote:
Originally posted by Bacchus:

Since it specified in advance you had to have one, by showing up to a interview its safe to assume you have one.



From: an unweeded garden | Registered: Feb 2005  |  IP: Logged
Granola Girl
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posted 12 July 2005 07:32 PM      Profile for Granola Girl     Send New Private Message      Edit/Delete Post  Reply With Quote 
I don't have a licence either, and it really creates a lot of preoblems when job searching. I wish employers would explain why they want me to have a licence. I'm pretty mobile without one - bike, transit and cabs can take you pretty near anywhere. Sometimes, it seems arbitrary. Sometimes I even suspect its a class issue (Cars, licences, insurance, gas - it all costs more than some can afford). I don't blame you for not volunteering what they didn't ask. I would have done the same thing.

Did they ever explain exactly why you needed one?


From: East Van | Registered: Jan 2005  |  IP: Logged
EFA
rabble-rouser
Babbler # 9673

posted 12 July 2005 07:45 PM      Profile for EFA        Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Granola Girl:
Sometimes I even suspect its a class issue (Cars, licences, insurance, gas - it all costs more than some can afford)

I hadn't thought of that. I hope that's not the reason but anything's possible. I did take a job once where the interviewer wanted to know which part of town I was from. I called him on it and he waffled, said something like it was more convenient if we were all from Place X. Yeah, sure, I thought, especially if we own there and don't rent.

Actually, I've heard several amazing questions at job interviews. I don't think HR managers are very good at catching up on employment and human rights law.


From: Victoria, BC | Registered: Jun 2005  |  IP: Logged
Cougyr
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posted 12 July 2005 07:53 PM      Profile for Cougyr     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Granola Girl:
I don't have a licence either, and it really creates a lot of preoblems when job searching. I wish employers would explain why they want me to have a licence.

As I posted above, I'm suspicious about the employers' motives. A license makes the task of checking up on employees so much easier.

In the center of most large cities, a car is an handicap. It is faster to use other forms of transportation, especially a bicycle. A private car may seem faster, but when you add in all the time required to park it, it's not. So one has to question why employers so often require a license.


From: over the mountain | Registered: Nov 2002  |  IP: Logged
zazzo
rabble-rouser
Babbler # 4461

posted 12 July 2005 09:43 PM      Profile for zazzo     Send New Private Message      Edit/Delete Post  Reply With Quote 
Thanks to you all for your comments.
I did not think that I applied under false pretences, because two of the members of the hiring committee knew I did not drive, nor own a vehicle. It did not seem as important a skill as the other requirements which were managerial, administrative, and financial.
I was thinking about whether to fight this, but after hearing from you all, I have decided not to do it.
I have learned many lessons from this experience, and I do have another contract with another organization.
Again thanks.

From: the centre of Turtle Island | Registered: Sep 2003  |  IP: Logged
EFA
rabble-rouser
Babbler # 9673

posted 12 July 2005 10:56 PM      Profile for EFA        Edit/Delete Post  Reply With Quote 
Zazzo, most lawyers will give you a free initial consultation. You might want to do one of these if you have any doubts. I'd hate for you to make up your mind on a legal matter just based on what a few babblers had to say, even though I thought everybody's advice was sound.
From: Victoria, BC | Registered: Jun 2005  |  IP: Logged
Scott Piatkowski
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posted 13 July 2005 04:14 AM      Profile for Scott Piatkowski   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
quote:
Originally posted by EFA:
Yes, she kept her job. She was a truly excellent employee who just didn't want go the direct deposit route for whatever reason.

Did she also demand to be paid in Euros?

[Edited to add...]

Sometimes, it makes sense to flag things that might be an issue. At the end of an interview, you could say, "I don't drive and I realize that you've asked for someone who does. I don't anticipate that being any barrier to my being able to do my job successfully ("I recognize that you've asked for someone with a Master's Degree, which I don't have. I'd like to point out that my extensive experience in this area is likely just as valuable as having an M.A.").

Particularly since two of the interviewers knew of your car-free status, you might have a case for wrongful dismissal.

Now, if I wanted to seriously drift this thread, I'd ask what people thought about an employer (say, an environmental organization) requiring employees not to drive a car

[ 13 July 2005: Message edited by: Scott Piatkowski ]


From: Kitchener-Waterloo | Registered: Sep 2001  |  IP: Logged
EFA
rabble-rouser
Babbler # 9673

posted 13 July 2005 10:07 AM      Profile for EFA        Edit/Delete Post  Reply With Quote 
quote:
Now, if I wanted to seriously drift this thread, I'd ask what people thought about an employer (say, an environmental organization) requiring employees not to drive a car

I think that would fall into employer as parent category.


From: Victoria, BC | Registered: Jun 2005  |  IP: Logged

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