Visitor Question

Accident while manager forced me to work after clocking out…

Submitted By: Anon (USA)

After a full day shift I clocked out, but then my General Manager at the airport told me to unload all of the bags off the aircraft and take the bags to the baggage claim. I advised her that my shift was over a half hour ago, and that I was clocked out, and that my relief had already been working a half hour.

I was threatened with “insubordination” and the termination of my then 12 year old employment for not performing a General Manager’s command. So the manager forced me to perform these duties off the clock. Then, the supervisor loaded the tug to block my access to the brake pedal, and a major accident occurred.

What legal recourse do I have? Since I was forced to work after clocking out, do I have any liability, and can I still get workers’ comp? Thanks for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anon,

From the facts you present, it appears your recourse is limited to workers’ compensation. Whether or not you were “clocked out” at the time of your injury is irrelevant. There is no doubt but that your supervisor was aware you were working at the time of the accident.

Moreover, it is perfectly clear your supervisor was the one who forced you to work under penalty of insubordination.

While your supervisor loaded the tug and in doing so blocked the pedal, causing the crash, unless you can show the supervisor “willfully and with reckless disregard for your safety” set in progress events meant to injure you, you do not have a viable separate injury claim against your employer, or your supervisor.

In the alternative, if you have evidence, including witnesses who would be able to testify that the supervisor purposely and recklessly caused you to be injured, then you may have a viable and separate injury claim against your employer and supervisor.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 31, 2014

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