Boss has banned cycling to work because he thinks it's unsafe

Question

I cycle to work every day, it's my only method of transportation. Public transit doesn't serve the commute path and I don't own a car. A coworker was recently in a bike accident and was out for 2 days, and my manager reacted by getting upset that work wasn't getting done, and now he's sent out an email to everyone saying that we're no longer allowed to bike into work because he can't risk us getting injured again. What should I do about this? Please note that my manager is in general incredibly unreasonable and loves to say no or take things away just to feel like he's in charge, so I don't think he'll listen to reason on this.

Should I just keep biking in and see what he does about it, or start spending $20/day on Ubers to commute?

If you're going to suggest finding another job, that's a great idea, but without also suggesting what to do in the meantime it's unhelpful.

Answer 1

So... you're in an ugly situation. Your boss is reaching out to control parts of your life that are not his to dictate, and is apparently of the unreasonable and domineering type who will react very poorly indeed to any pushback. As for what to do about it (while you look for another job), it looks like you have three options.

• You could keep biking in to work. If you're going to do that, you're going to have to assume that he will eventually notice. It leaves signs after all (additional sweat, loose lips, actually seeing you biking, and so forth). The question is what he's likely to do in response to this obvious opposition to his authority once he discovers it. Is he likely to fire you? Is he likely to yell at you? How bad is it likely to be? Are you willing to set yourself up for that happening? Assume that, whatever it is, it will happen eventually, and ask yourself if it's worth that experience.

• You could make small amounts of pushback. Go to your boss, let him know that the only way you have to get to work is the bike, and that if he wants you to use Uber instead, you're going to need $20/day in expenses for it. Presenting it as "implementing this command will bear this cost" rather than "No, I won't do it" is likely going to be easier for him to swallow. Whether or not this is a good idea depends entirely on how you think he'd react to this, much lesser, level of pushback.

• Finally, if your boss has enough threat over you to prevent even that, and is unreasonable enough to wield it indiscriminately to get what he wants without consideration of your needs, you can start paying tor Uber yourself. You should understand, though, that by doing that you're essentially accepting that your boss can make unreasonable demands of you (this is an unreasonable demand) and insist that you pay for them out of your own pocket and that, to at least some degree, you'll do it. That brings this into the realm of "unhealthy relationships", and means that, if at all possible, you need to get out soon, before it starts bending you psychologically in unhealthy ways.

Answer 2

Your manager can't dictate the mode of transport that you use for commuting.

If he is as much concerned about the safety of employees while commuting, and insists on using (or avoiding) a particular mode of transport, either:

• ask them to get you reimbursed for the viable mode by the company,

or

• provide a company operated safer mode of transportation.

Answer 3

Have you actually met with your boss or sent him an email regarding this subject?

Boss, Last week you mentioned workers are no longer allowed to commute to work by bicycle. I want clarification of this rule as this is my primary mode of transportation. Thank you.

As far as I can tell though, there isn't anyway he can tell you what sort of activities you engage in. Now while that isn't lawful, that doesn't stop your boss from firing you if you are a at-will worker. So you'll want clarification from him for sure and make sure he knows it is your only method of transportation.

Answer 4

Your boss does not get to make decisions for you outside the office. He doesn't choose your dinner, shampoo, entertainment, hobbies. So why would he get to decide your mode of transport.

He may be able to keep you from parking your bike on company property. So perhaps lock you bike up off campus but in a safe and secure manor.

Answer 5

Unless you're working with an employment contract that allows your employer to dictate your travel behaviors (rare, but not inherently illegal or unheard of) it's quite obviously none of their business how you arrive at work.

Given you said this,

If you're going to suggest finding another job, that's a great idea, but without also suggesting what to do in the meantime it's unhelpful.

it seems that you're willing (or already planning) to switch employers because you find your boss unreasonable. In that situation, I generally adopt an approach of "do what makes sense to me, and is defensible." In your situation, this would mean,

• be able to show that I'm arriving at work by the agreed-upon time, regardless of my commute method
• be able to show that bike commuting doesn't impact your work performance or ability to comply with reasonable requirements (i.e. you're not arriving sweaty and taking work time to change clothes. And, you're able to wear required dress code, or whatever)
• know company policy and law about sick leave (effectively, your employer can't take action based on you being sick or injured)
• arm yourself with information on the benefits of bike commuting, even if you expect your boss won't be receptive.

And then, keep biking to work and hope for the best when an inevitable conflict happens. If you search workplace.SE for the word unreasonable you'll get plenty of suggestions.

Answer 6

Should I just keep biking in and see what he does about it, or start spending $20/day on Ubers to commute?

Continue to use your preferred mode of transportation to go to work and don't worry about your manager's foolish request. If your manager attempts to discipline you in any way, I would escalate to HR or anyone higher up in the chain of your company. In the meantime you should brush up your resume and look for a new company to work for.

Answer 7

If you don't have an alternative ($20 per day is too much, getting a car is not an option, no co-workers can drive you to work etc.), just keep biking to work. It's better than not showing up.

You can't convince someone who won't listen to reason that the rules they set are stupid. Trying to do so will only make it more obvious that you're not going to comply.

You can't make him pay for your commute, let you work from home, etc. because he's not supposed to, and if he agrees to accommodate you, he'll soon have to do that for everyone, not just people who used to bicycle.

He may fire you when he eventually finds out that you disobeyed his orders (he most likely won't fire you for cause, so you're unlikely to get anything in court). I doubt it will happen instantly though: if losing someone for 2 days is a problem, losing someone for 2-6 months (the time it will take to hire and train your replacement) is a couple orders of magnitude worse.

The thing is, a job which is not reachable by suitable transportation is simply not sustainable. Your boss just made your current job unsustainable for you by banning bicycles.

Answer 8

In any employer-employee relation, there are benefits and disadvantages for employer and employee. For the employee what counts is salary, cost involved (for example for transport), being away from home, enjoying or hating the work or being with your colleagues and managers.

If you find a position that benefits you more, you switch jobs (although switching has disadvantages by itself).

Your boss just changed the equation. He wants to inflict cost of $20 per day on you. Lots of jobs that did not look better than your current job now do. There are bosses that are so full of themselves that they don’t get a simple fact like that. So first this is something you have to explain to your boss.

But I’m not quite sure about you using “boss” in some places and “manager” in other places. If he is just a manager, then the easiest is to go to HR or payroll and ask them how to go about getting your cost for Uber refunded. Most likely they will ask why you think you should get that cost refunded when you could just cycle to work, and then you say what your manager demands, and that is likely when something hits the fan.

Answer 9

Is there any provision about commuting in your contract that allows him to have a say in this matter?

Because there isn't in the law. And his actions have to be based on something. The USA is a country following the rule of law, meaning he can't just make things up. He needs to have some kind of legal foundation for his request, otherwise it is just that: A random stranger asking for something, and you are absolutely free to honour his request or refuse it or even ignore it without saying a word. Without a clause in your contract, he is in the same legal situation as the guy at the subway entrance asking for pocket change.

It is very, very unlikely that there is a clause in your contract regulating how you are allowed to commute or who has a say about it, but we can't be entirely sure because you can sign any contract you want, so go check.

If there isn't, then see above. The question now becomes: How do I politely tell my boss that this isn't any of his business and his power ends at the work time and company grounds borders?

A friendly but strong answer would be something along the lines of:

"Boss, I cannot find the clause in my contract that regulates commute methods. Since my commute is not paid company time, but unpaid private time, I believe I am free to choose whatever method suits my personal needs most. Please let me know which contractual obligation I seem to be missing."

While this shows clearly that you know your rights, and IMHO you need to show bullies that you are standing on stronger ground than I am to avoid a confrontation, it might seem too strong for you. But given what you write about your manager, I don't think he'll take anything less than that. On the contrary, I think you should be ready to take this up one level to his boss or to HR, depending on his answer.

(also, the health benefits of biking outweigh the dangers, which are probably smaller than driving though that depends on where you ride so I wouldn't try an argument from facts unless you have all the facts, specifically for your region and route)

Answer 10

Send out an email saying that your boss is no longer allowed to specify how employees do or don't get to work. Point out that if he's allowed to unilaterally change the terms of your employment and you have to accept it, then you too are allowed to unilaterally change the terms of your employment and he has to accept it.

The way to stop people from being unreasonable and irrational is not to try to reason with them, that never works. It's to punish them each time they are unreasonable or irrational so that they don't get what they want. Often the best way to do this is to respond precisely in kind. If you mirror the behavior of your boss, he'll get bad results just like you do and, eventually, he'll switch to a tactic that works with you because he wants to get what he wants.

However he responds to your email, mirror it. Make sure there is no response he can make to your conduct that doesn't equally well apply to his. Just make sure to always be polite even if he isn't. Throughout, be the better person.

I can assure you from experience, this technique absolutely does work. However, you may not be able to apply it. It may help, if possible, to have a friend role play your boss to make sure you have it down. Ideally, brief someone on exactly the type of person your boss is and have them take the boss' role in a practice encounter.

One very important thing, if he ever uses an outright attack, respond exclusively to that attack. You can find lots of articles on how to do this. This one is the first one I happened to find.