Legal Question in Civil Litigation in Washington

Employer Liability

During the recent snow storms in the Seattle area my girlfriend damaged her car en route to work. She is employed in the call center of a large Washington based bank. Almost every other department closed due to the weather. She was compelled to attempt the journy to work only because she was threatened with the possibility of termination by her immediate supervisor. Public transportation was not running and by car was the only availible means to travel the 20 miles to her workplace.

Although not likely, is there any recourse to recover any or all of the $3000+ damages from her employer. The company clearly recognized that there was a heightened level of risk to travel because they closed the majority of other departments.

Thanks


Asked on 1/08/04, 4:09 pm

1 Answer from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: Employer Liability

Chances are the employer is not liable for the damages to the car. Usually, an employer is only liable to damages when they send you to or from work for work purposes. A commute to or from work is personally chosen. (This is why an employer is not responsible for accidents that occured during employees commutes on regular days)

However, in the event that your girlfriend is terminated, there may be cause of action for hostile work environment and/or wrongful discharge.

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Answered on 1/08/04, 5:03 pm


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