Full question:
My employees and I work for an organization in which we are required to park about a 1/4 mile away from work, which at face value isn't an issue. The problem arises in which the conditions that we are met with are anything less than exceptional. Employee's cars have been damaged and broken into. As well as employees being harassed by others. Now we are all servers at this business and on any given night walk out with 100-400 dollars cash in our pockets. While this occurs on an everyday basis. The area in which we are required to park leaves the employees with a worried feeling when walking to our cars. The restaurant has its own parking lot, however employees are written up for parking in an area in which they feel safe. I was just wondering if our managers could regulate this public parking lot; meanwhile, they are not able to provide a safe place for its staff to park?
- Category: Employment
- Date:
- State: National
Answer:
Traditionally, employers are not liable for damages that occur while an employee is in transit to and from work. However, there is case law holding an employer liable where the employer limits on-premise parking and the public parking lot is the only convenient place to park. In order to find an employer liable for damages occuring in a public parking lot, the court must interpret the public parking lot as an "extended premise". The interpretation requires employers to inspect and make safe not only the property under their control, but also
surrounding property their employees may use.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
