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teleton11 · Oct 19, 2011, 10:13 PM

Hi,
I'm a security officer in Florida. During one of my shifts, I was driving a company's vehicle, patroling in a community- when suddenly a deer popped into the road and in order to evade it I swinged the car to the left and hit a parking car. No one was in there car but the company's vehicle was damaged and sent to the shop. The next thing I know I got a deduction of 50$ from my weekly paycheck.

I asked my boss what is is all about and he told me it's going to ba 50$ for the next 10 weeks in order for me to cover the 500$ deduction.

When I got hired I didn't sign any paper that states that I'm liable to the company's property, and I certinaly wasn't discussed or even informed about the deduction. Is it legal to take that money from me? Should I call the Labor Dept. And ask them?

AK lawyer · Oct 20, 2011, 07:43 AM

Originally Posted by teleton11

...When I got hired I didn't sign any paper that states that I'm liable to the company's property, and I certinaly wasn't discussed or even informed about the deduction. Is it legal to take that money from me? Should I call the Labor Dept. And ask them?

It goes without saying that you are liable to the company if you negligently damage it's property. It doesn't need to be stated, in so many words, in a paper that you sign.

But it is not clear that you are negligent. And in any case, it is questionable whether the company can dock your pay for this. Although the Florida labor laws don't seem to have the teeth that are in the labor laws of other parts of the country, yes, it wouldn't hurt to make a call to your state Department of Labor.

twinkiedooter · Oct 20, 2011, 10:20 AM

You should have hit the deer as the insurance company (under the comprehensive part of the full coverage on the vehicle) would have paid for the damages as hitting a deer is considered an act of God whereas if you swerved in order to miss the deer and damaged the vehicle by plowing into the parked car, then that is an accident.

If you use the company car daily to make your rounds versus once in a while use of the car, then they can ask you to pay the deductible towards the damage.

I'd call up the Florida Dept of Labor and check to be sure the company can do this legally. If they can't do this legally and you confront them about this you may end up without a job as Florida is an at will state and you can be fired for any and anything.

AK lawyer · Oct 20, 2011, 11:43 AM

Originally Posted by twinkiedooter

... If they can't do this legally and you confront them about this you may end up without a job as Florida is an at will state and you can be fired for any and anything.

In the absence of a union or employment contract, every state is an "at will" state.

But there are certain things which, if they result in firing, are violations of law. One of those things is "whistle-blowing" activities, such as reporting violations to the state labor department.

Fr_Chuck · Oct 20, 2011, 01:58 PM

I will agree, always hit the deer as for as insurance claims go,

And the issue is that of course while they may not fire you for the reporting the deduction, they could fire you for having the wreck, they could find a dozen other reasons to fire you, So of course they can't fire you to reporting, but they can for uniform issues, being late, or a dozen other things. One of my duties in years past I was never proud of, while working in a union environment was to find reasons to fire people. I was given a list by management every month to find reasons to fire. We would start with looking for something not right on application, and go from there.

teleton11 · Oct 20, 2011, 03:16 PM

Hey guys,
I just called the dept of Labor and after asking me my hourly wage and total hours per week- they said that if it doesn't bring me under minimum wage - there's nothing legally they can do about it.

I think my best chance is to try and call the boss again, ask for a reduced deduction or so because legally there's really nothing I can do about it.

Do I stand a chance at the small claims court?

twinkiedooter · Oct 20, 2011, 03:44 PM

Originally Posted by teleton11

Hey guys,
I just called the dept of Labor and after asking me my hourly wage and total hours per week- they said that if it doesn't bring me under minimum wage - there's nothing legally they can do about it.

I think my best chance is to try and call the boss again, ask for a reduced deduction or so because legally there's really nothing i can do about it.

Do i stand a chance at the small claims court?

Maybe you could suggest that they split the deductible with you.

What would you do in small claims court?

ScottGem · Oct 20, 2011, 05:53 PM

As AK said you can be held responsible for the deductible. So there is nothing you can sue about. Since FL apparently allows employers to deduct for losses incurred by employees (I know NYS does not allow any deductions not authorized by the employee or law) the best you can do is try to negotiate a lower deduction for a longer period.

teleton11 · Oct 21, 2011, 12:58 AM

OK guys I contacted the dept of Labor and they said there's nothing to do about it, since after the deduction I'm still getting paid above the minimum wage- after asking me my hourly wage and hours per week.
They would only mark it as illegal only if the afromentioned issue happens.

I guess my only chances are to hire an attorney and meet the boss in the small claims court, but I think it's too much of a hustle to do that.

Thanks for your help!

ScottGem · Oct 21, 2011, 03:23 AM

Originally Posted by teleton11

I guess my only chances are to hire an attorney and meet the boss in the small claims court, but I think it's too much of a hustle to do that.

I think you meant hassle, hustle was kind of a freudian slip though. ;) Don't bother wasting your time or money on an attorney. First, most small claims court don't allow attorneys to represent litigants in court. The only grounds for a suit that you might have is whether your employer has the right to make you pay for the deductible. And you are unlikely to win that.