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  #1  
Old 08-21-2004, 06:17 PM
xTravBx
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Auto accident in company vehicle on the clock. HELP!


What is the name of your state? Ohio

Heres the story -

I worked for a landscaping company. On one occasion, my boss requested me to drive the company truck, and take care of some business while he was doing something else. While doing so, I damaged the truck while going in reverse. The attached trailer stopped moving, and in doing so, i backed the truck up into the trailer, leaving a dent and scrape on the rear bumper.

Now, he's requesting that I fix the damage, and he's with holding my check of $315.00

Is this legal? I feel since I was on company time doing something he requested with his vehicle, that he should take full responsibility for anything that may happen.

What should I do? Am I entitled to my $315? Am I required to fix his truck? Thanks in advance.
  #2  
Old 08-21-2004, 09:45 PM
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Join Date: Aug 2004
Location: Southern California
Posts: 2,504
Yes, I believe you are liable for all your dumb moves, even while on the clock. Now if you damaged a third parties property, your employer may be held responsible by them, for any damages resulting from your dumb moves. But you are liable to your employer for damaging his fixtures when you are not providing the reasonable care expected from normal functioning individuals.
Jacknifing your employers truck into his trailer, to the point of "Loud Crunch", is not what the average person, exercising reasonable care, would do.

So it's time to pay up****************************.
  #3  
Old 08-21-2004, 11:24 PM
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Join Date: Oct 2001
Location: california
Posts: 7,789
repost your question in the employment section.

Your boss is not entitled to withhold your paycheck to pay for the damage to his truck. He has to go after you like any other person - small claims. If you agree to pay the damage out of your check, that is a different story.
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  #4  
Old 08-21-2004, 11:26 PM
xTravBx
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Quote:
Originally Posted by outonbail
Yes, I believe you are liable for all your dumb moves, even while on the clock. Now if you damaged a third parties property, your employer may be held responsible by them, for any damages resulting from your dumb moves. But you are liable to your employer for damaging his fixtures when you are not providing the reasonable care expected from normal functioning individuals.
Jacknifing your employers truck into his trailer, to the point of "Loud Crunch", is not what the average person, exercising reasonable care, would do.

So it's time to pay up****************************.
Thankfully you're a newb with only 5 posts. I never said I heard a "Loud Crunch" (though I do enjoy your strange use of quotations and capilatizations of random words), nor did I explain it as a "jacknifing" (oh and your spelling is wonderful - also leading me to believe your legal advice is with little to me).

And since these are all things you only "believe" - maybe you shouldnt be posting here and giving away such sound advice.

Anyone else with legitimate legal advice and expertise, would be much appreciated. Thank you.
  #5  
Old 08-22-2004, 01:33 PM
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Join Date: Aug 2004
Location: Southern California
Posts: 2,504
~And since these are all things you only "believe" - maybe you shouldnt be posting here and giving away such sound advice. ~

Ouch!

Hard to believe anyone with such impeccable literary talents would settle into mowing lawns and pulling weeds

However, your still liable
  #6  
Old 08-22-2004, 06:49 PM
xTravBx
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Posts: n/a
Quote:
Originally Posted by outonbail

Hard to believe anyone with such impeccable literary talents would settle into mowing lawns and pulling weeds

However, your still liable
Well.. first - I go to college, and I was running the business for a friend while he was on vacation. It was a summer job. But if you want a copy of my resume and all of my internships with major corporations, feel free to ask and I can send it to you. No need to get your jollies off by putting down someone else profession.

Second of all, its YOU'RE not YOUR.
  #7  
Old 09-07-2004, 02:34 PM
MissVA
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Posts: n/a

He Is Breaking The Law


undefined I'm not sure about whether you are liable but I do believe his is breaking the law by holding your check for work you have done regardless of what happened while you were working.

Most employers have insurance to cover those things because anyone can have an accident. Does he not have insurance on the vehicle?

I would go to you local Department of Labor office and explain this to them. He will be the one in trouble as far as withholding your paycheck.

MissVA
  #8  
Old 02-17-2005, 03:29 AM
Senior Member
 
Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,190
Quote:
Originally Posted by outonbail
~And since these are all things you only "believe" - maybe you shouldnt be posting here and giving away such sound advice. ~

Ouch!

Hard to believe anyone with such impeccable literary talents would settle into mowing lawns and pulling weeds

However, your still liable

You have 11 posts going, (Half make no sense and only what you believe to be true)******************************************. .Your dishing out advice and most of it is wrong.
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It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
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