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    StarrFire's Avatar
    StarrFire Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Mar 7, 2012, 12:52 PM
    Can my employer take my paycheck for damages to his company vehicle?
    My husband is an OTR Driver on the east coast. While driving, another tractor trailor spit up a big chunk of tire remnant into my husbands lane. He had no time to react & ran over it causing over $1000.00 in damages to his employers vehicle. His employer is based out of Milford, PA but we live in North Carolina. His employer had the damages repaired but then turned around & gave my husband the bill, stating he caused the damages, he's going to pay for them. We both thought this should be turned into the insurance company which it has not. In the past, his employer has billed his drivers for damages to his vehicles whether they caused the damages or not & then turned it into the insurance company. Paid twice for the same incident! Now, his employer has informed him that his last weeks wages were being withheld & future wages will be too until the bill is paid in full. Can he do that?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Mar 8, 2012, 07:20 AM
    Quote Originally Posted by StarrFire View Post
    Now, his employer has informed him that his last weeks wages were being withheld & future wages will be too until the bill is paid in full. Can he do that?
    Hello S:

    No..

    But, the question is, what is he going to do about it.. I don't know HOW much the job is worth. Times are tough out there. If he seeks his rights, he'll be fired..

    So, if you tell me that he's WILLING to give up the job, I'll tell you how he can GET his money.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Mar 8, 2012, 07:46 AM
    What does the employment contract say about damage to the truck? This has been posted before and the contract stated that the driver was responsible for all damages.

    I know - hard to believe.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #4

    Mar 9, 2012, 11:54 AM
    Hello again, S:

    No need to be sorry. Surprisingly, I've heard language like that before...

    This is simple. He needs to return ALL company property. I wouldn't leave any of it WITHOUT a receipt and an INSPECTION. Irrespective of his feelings, he mustn't argue with anybody or confront anybody. Leave the stuff, and leave the premises..

    Then he sues his boss in small claims court for his money. His boss might countersue for the damage, but WITHOUT an agreement signed by the driver making the DRIVER responsible, he'll lose, and you'll win. In my view, you'd win EVEN IF he signed such an agreement, but that's academic at this point. Small claims court is quick, cheap and easy. Since this guy is in business, collecting on the judgment should be easy too.

    excon

    PS> (edited) Hmmmm... Seems like the language cops got here pretty quick.. Doncha wish they'd show up that fast when you call 911?
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