In a state that requires all motorcycle riders under age 25 to wear a helmet, may an employer terminate an employee who refuses, claiming that it is his constitutional right to ride without one? That was the question posed by “Kirk”:
“I manage a courier/messenger service in Missouri and need your help. In our state, motorcycle helmets are only required for riders under 25. Some of our employees have motorcycles, which enable quickly reaching a destination in rush-hour traffic. ‘Reggie’ is one of them. He is 23, married to ‘Charlie,’ and they have a beautiful 5-year-old daughter. We require wearing helmets, but he has refused, claiming it is his right, and ‘They interfere with my sight.’ I told him it is the law, and he has an obligation to his family to not increase his risk of injury, or death, nor to expose our company to unnecessary workers’ compensation claims or increased insurance rates. I’m sure he would discuss this with you. Maybe you can get through to him. I’ve read what you’ve done in other situations.”
I agreed to a Zoom session with Kirk, Reggie and Charlie.
Sign up for Kiplinger’s Free E-Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
What is the legal posture of this situation?
Motorcycle attorneys I spoke with all said that with a properly fitted helmet, there are no sight issues. One Kansas City attorney commented, “Spend five minutes with a widow and her children whose husband and father apparently thought it was his constitutional right to send his family into poverty.”
Next, as discussed in my recent article Can an Employer Fire an Employee for Not Wearing Glasses?, the refusal to wear personal protective equipment (PPE) on the job, such as a motorcycle helmet, is a basis for termination.
Our Zoom session
I began my discussion with Reggie and Charlie by saying, “I need your help. Let’s all listen to each other and not just hang up in anger. Agreed?” Everyone agreed.
“We all wear seat belts when driving, and know it is a good thing, right?”
Each replied, “Yes.”
“Our situation is identical to the same arguments made against requiring the use of automobile seat belts decades ago. But I have a feeling that what we are dealing with goes well beyond wearing a helmet. Reggie, I understand that you feel the requirement for you to wear a motorcycle helmet takes away from your freedom and constitutional rights. Am I correct?”
“Yes,” he said, “that’s how I feel.”
“And you’re right! In a way, it does, as I will explain, but first, you and Charlie were high school sweethearts, and when you got married, everyone said it wouldn’t last. But they were wrong, weren’t they?”
“Mr. Beaver, you got that right!”
“These are difficult times for you, aren’t they, Charlie? Because Reggie doesn’t need a motorcycle, but he rides one and without a helmet. You are terrified of losing him, of your daughter losing her dad.”
“Yes, I am,” she said, reaching for a Kleenex.
“Our government should act in and for the public good. Requiring us to wear seat belts and get rabies vaccinations for our dogs are examples of health and safety laws which are obligations that protect us and that we owe to others. Some people feel these are infringements of our constitutional rights, but the government has a duty to protect its citizens and that trumps claims of ‘it’s my right to not vaccinate my dog.’ You all agree, right?”
“Of course,” was the unanimous reply.
“Reggie, I want you to look at Charlie and tell me what you fear most.”
“That something happens to her.”
“Charlie, same question.”
“Losing him because of that horrible motorcycle, Mr. Beaver! I am so afraid each time he gets on it, especially without a helmet! I love him. He is my world, and I don’t want our daughter to grow up without his love,” she said, sobbing.
“Reggie, now, picture riding your motorcycle and discovering that asphalt really is harder than an unhelmeted head. You are now permanently brain-damaged, with a family that has lost its main income source. Look at your wife, Reggie. For all those wonderful years Charlie has loved you and given you Julie, your beautiful daughter who’s just crazy about her daddy, and then the accident changed everything. It was a thief that stole you from them. After a decent interval, while tucking her into bed, another man says to Julie, ‘Sweet dreams, honey,’ and she replies, ‘Love you, Daddy.’ And then Charlie shares what had been your bed with that same man.
“Reggie, I was 21, riding a friend’s motorcycle on Highway 126 near Santa Paula, Calif. I entered a curve covered in sand and lost control. Witnesses said that I hit the pavement headfirst. The visible memory of that incident was a destroyed helmet and, today, an almost invisible scar on my chin, the only part of my head that came into contact with the road. It was the last time that I rode a motorcycle.”
I closed our Zoom session with this question:
“Reggie, who do you love more — your wife and daughter or the motorcycle?”
Later that day
Charlie called my cell phone. “Mr. Beaver, immediately after our Zoom chat, Reggie had me follow him to a motorcycle dealer. He SOLD the bike! You saved our marriage!”
“Thanks, but please give Kirk a big hug, Charlie. He saved your marriage.”
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
related content
-
Stock Market Today: Dow Slides 697 Points on Super-Hot Jobs DataWhen the December nonfarm payrolls report hit the tape, there was no question which way stocks would go at Friday's opening bell.
-
Essential Tech Tools for Managing Your Home and Finances While TravelingStay secure and stress-free on the go with the best tech tools for managing your home, bills and security from anywhere.
-
The Wrong Money Question to Ask After Trump's ElectionIf you're wondering what moves to make with a new president moving into the White House, you're being dangerously shortsighted. Here's what to do instead.
-
An Investing Plan for This Year: Doing Less Can Lead to MoreAchieve more when investing in 2025 by planning to work smarter, not harder. These three strategies can help put you on the right track and keep you there.
-
All About Six Types of Auto Insurance CoverageDo you know what your auto insurance policy covers? Here's a primer on some coverage categories, along with examples of how each type of coverage works.
-
Social Security and Medicare Funding: Is the Sky Falling?Social Security and Medicare are slowly running out of money, but what does that mean for the retirees counting on them? Actually, it's not all bad news.
-
What We Need to Do to Protect Retirees' Financial SecurityCognitive decline and aging in general put older retirees at risk of losing their financial security when they're the most vulnerable. What can be done?
-
Is Money Messing Up Your Family's Life?Parents who discuss money and attitudes toward money with their children are more likely to raise financially successful and responsible adults.
-
Do You Know the Power of Whole Life Insurance in Retirement?Worried about legacy planning, market volatility or where to get cash to cover surprise medical or home repair bills? This little-known tool could help.
-
10 Ways Retirees Can Manage Income DistributionThe goal of a retirement income plan is to make the most of your money while ensuring that it lasts. These 10 strategies can help secure your financial future.
