Who Pays?

[trucker55]

What is the name of your state (only U.S. law)? California

Not sure if I am posting this in the right place.....

I am employed by a trucking firm. I drive a truck that hauls containers in and out of the Port of Oakland. The owner of the company posted a note today stating that starting now, if a truck has a flat tire, the driver is responsible for replacing it. Can he do this? I am not an owner/operator. I drive a company owned truck.

Thank you for your help.

 

[Willlyjo]

What is the name of your state (only U.S. law)? California

Not sure if I am posting this in the right place.....

I am employed by a trucking firm. I drive a truck that hauls containers in and out of the Port of Oakland. The owner of the company posted a note today stating that starting now, if a truck has a flat tire, the driver is responsible for replacing it. Can he do this? I am not an owner/operator. I drive a company owned truck.

Thank you for your help.

I have never heard of an owner of a trucking firm making the driver pay for a flat tire. For sure, he can't deduct anything from your paycheck to fix a flat tire--that would be unlawful! If he does, report him to the DOL.

 

[justalayman]

is it any flat tire or has he conditioned the action upon a flat under come specified circumstances?

 

[trucker55]

The memo said any flat tire replacements. It did not any circumstances for the flat tire.

 

[justalayman]

I don't see any reason he can require you to pay for the tire, at least based on what you have stated.

 

[swalsh411]

I think there are really 4 different questions here.

1. Can he legally deduct from my check without my permission? No.

2. Can he legally deduct from my check with my permission? Maybe. Depends on your State law which I don't have time to look up right now but I'm sure somebody will.

3. Can he legally fire me if I do not pay to replace the tire? Yes, but you would almost certainly qualify for unemployment

4. Can he sue me (and win) if I do not pay to replace the tire? No in most circumstances. Maybe if he can prove you deliberately caused the flat.

 

[Mass_Shyster]

I think there are really 4 different questions here.

1. Can he legally deduct from my check without my permission? No.

2. Can he legally deduct from my check with my permission? Maybe. Depends on your State law which I don't have time to look up right now but I'm sure somebody will.

3. Can he legally fire me if I do not pay to replace the tire? Yes, but you would almost certainly qualify for unemployment

4. Can he sue me (and win) if I do not pay to replace the tire? No in most circumstances. Maybe if he can prove you deliberately caused the flat.

Don't forget:

5. Can he fire me for driving 75 miles on the rim because I didn't have the money to fix the flat?

 

[OHRoadwarrior]

You have a skill that will be appreciated more with a different company. Go get a better job.

 

[glovenltd]

Responsibility

Every responsible on his mistake and must pay on his mistake, so keep care full in your general life.

Thanks

 

[Mnemosyne]

It's been a while since I've read Twelfth Night. Do keep typing.

Every responsible on his mistake and must pay on his mistake, so keep care full in your general life.

Thanks