Can an employer charge an employee for damages.

RICE EATER

RICE EATER

Forum Member
Im trying to determine if an employer can charge an employee for damages, the main concern at the moment is damage to a company vehicle. Im also curious if the employer could charge for damages to other persons property or cost to the company from damage done by the driver/employee.

i seem to get conflicting stories, some say NO. some say YES, and some say say but you cant not take it out of the employee check with out writen concent. but could tell the employee his job will be losted if he does not pay for the damage.

if that is true. my next question would be so if the employee refused to pay for the damages, at that point would he be fired or quit.

thanks guys
 
What does your company handbook say? I know ours states if an employee damages a vehicle they are required to pay for it. Whether it's through their insurance company or through payroll deduct.
 
91trunk said:
What does your company handbook say? I know ours states if an employee damages a vehicle they are required to pay for it. Whether it's through their insurance company or through payroll deduct.
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For real? So if a porter totals a car and has no insurance and quits right after the wreck would you guys go after him? Or be able to? I've always thought that business insurance covers that type of thing?
 
QWKSLVR said:
For real? So if a porter totals a car and has no insurance and quits right after the wreck would you guys go after him? Or be able to? I've always thought that business insurance covers that type of thing?
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It used to, when i worked at Fairlane Ford when i was a kid, i had a slight incident and damaged two cars. Insurance from the company covered it 100% and i was repremanded with a day long vacation.

This is why buisnesses have insurance.

If they do something aainst company policy (drunk/drugs...etc.) i think the insurance company can option to go after them? Drug test immediately to CYA.
 
91trunk said:
What does your company handbook say? I know ours states if an employee damages a vehicle they are required to pay for it. Whether it's through their insurance company or through payroll deduct.
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there is no handbook, everything has always been handled on a case by case basis . hmm thats intersting ive never thought about an employee's insurance company gettin involved for damages to an employer. assuming thats what you mean. the only thing ive ever seen was the employee pays per payroll deduct. but it does look like the employeer Cant charge intrest.
 
With my company I would only be liable the deductible if at fault, and this is in writing on multiple documents that I have signed both at original employment and at the start of every new vehicle lease.
 
Billydroveit said:
No insurance??
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yes the company has insurance, but im talking about smaller issues not worth getting the insurance company involved over. like under $2500 for smacking up a hood..or something like hitting a curb and blowing out a wheel/tire for a couple hundred bucks.

obvioulsy something like smashing up a $50,000 or more semi would be a totaly diff can of worms.
 
QWKSLVR said:
For real? So if a porter totals a car and has no insurance and quits right after the wreck would you guys go after him? Or be able to? I've always thought that business insurance covers that type of thing?
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If it's under $2,500 (our deductible) the porter would pay that unless his/her insurance company picks it up. Our insurance does a bi-yearly review of employee driving records. Anyone with over 4 points is not allowed to use a company vehicle in any capacity.
 
91trunk said:
If it's under $2,500 (our deductible) the porter would pay that unless his/her insurance company picks it up. Our insurance does a bi-yearly review of employee driving records. Anyone with over 4 points is not allowed to use a company vehicle in any capacity.
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Have you ever actually had to enforce it? Aren't they usually high school kids? I would think most porters would say "suck it" and just quit. :lol:
 
QWKSLVR said:
Have you ever actually had to enforce it? Aren't they usually high school kids? I would think most porters would say "suck it" and just quit. :lol:
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Some people in this world still believe in taking responsibility for their actions and some don't. We have had some quit, but most pay up. It's not like we take their entire checks, we set up a payment plan.
 
91trunk said:
Some people in this world still believe in taking responsibility for their actions and some don't. We have had some quit, but most pay up. It's not like we take their entire checks, we set up a payment plan.
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Agreed! I've never fucked anything up worse than offering to fix shit on my own time but I have seen shit happen and the employer took the hit everytime.
 
RICE EATER said:
there is no handbook, everything has always been handled on a case by case basis . hmm thats intersting ive never thought about an employee's insurance company gettin involved for damages to an employer. assuming thats what you mean. the only thing ive ever seen was the employee pays per payroll deduct. but it does look like the employeer Cant charge intrest.
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Insurance follows the vehicle, not the driver. The difference is a rental car. I think in a business context, the employees insurance will tell the company to pound sand as the vehicle won't meet the definition of an 'other' vehicle. I could be wrong as I never handled liability.
 
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91trunk said:
Some people in this world still believe in taking responsibility for their actions and some don't. We have had some quit, but most pay up. It's not like we take their entire checks, we set up a payment plan.
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That is actually a good policy at a car dealership. As long as they are up front with employees about it, I don't see the big deal. Plus, as a customer, you know those porters aren't going to be out joyriding cars if they are responsible for damage.

My ex brother-in-law used to drive for Abrams and Sons delivering mostly cigarettes. He forgot to lock his truck and got robbed, and they told him he had to pay for it. So it is no unheard of.

-Geoff
 
WhiteHawk said:
That is actually a good policy at a car dealership. As long as they are up front with employees about it, I don't see the big deal. Plus, as a customer, you know those porters aren't going to be out joyriding cars if they are responsible for damage.

My ex brother-in-law used to drive for Abrams and Sons delivering mostly cigarettes. He forgot to lock his truck and got robbed, and they told him he had to pay for it. So it is no unheard of.

-Geoff
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EVERYONE receives a company policy handbook and must sign a letter stating they have read it. Sales people, porters, managers, etc.

Also there is a "disclose-able damage" form customers must sign if the vehicle has had over $500 in materials and labor (does not include parts). This goes for acts of Mother Nature also.
 
91trunk said:
EVERYONE receives a company policy handbook and must sign a letter stating they have read it. Sales people, porters, managers, etc.

Also there is a "disclose-able damage" form customers must sign if the vehicle has had over $500 in materials and labor (does not include parts). This goes for acts of Mother Nature also.
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For used cars that you guys buy? Damn, you guys got some good lawyers! :lol:
 
91trunk said:
Huh? I'm talking about new vehicles. If one is damaged we have to disclose it to customer.
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Ahh. Gotcha. Wasn't sure what you meant there. I was confused because I wouldn't buy a "new" vehicle that was already jacked up and repaired.
 
We are a smaller landscape company, 15 (+/-) employees. Our policy is if they damage something and its less then the deductable, they are expected to take care of the issue and usually we set up a payment plan deducting it from their paychecks. We did have a loser start working for us, left in the morning with a company GPS and came back at the end of the day without the GPS. I reminded him he will be help accountable for the GPS prior to leaving. When payday came around and there was a deduction from his check he called the cops lol. Cops came and they did nothing. They said as long as he signed paperwork or was told he was going to be responsible for the items in his possesion then we did nothing wrong on our part.
 
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