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Make Employee Pay for Damages

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mitchell1204

Junior Member
What is the name of your state (only U.S. law)? Michigan

Hi, a few of us are trying to figure out a practice that goes on in the trucking industry. Note, truckers are exempt from many labor laws and paid by the mile.

If an employer that owns five trucks and a driver hits something on the road and blows out a tire and rim which can cost $2000, can the employer legally make that driver pay for the damage and take the money out of the drivers paycheck?

Thanks
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Michigan

Hi, a few of us are trying to figure out a practice that goes on in the trucking industry. Note, truckers are exempt from many labor laws and paid by the mile.

If an employer that owns five trucks and a driver hits something on the road and blows out a tire and rim which can cost $2000, can the employer legally make that driver pay for the damage and take the money out of the drivers paycheck?

Thanks
Sure they can. Why would you think that the truck driver would NOT have to pay for the damages? I mean, if it were their own truck, they would have to pay for it themselves. If they were driving a company truck, they would ALSO have to pay for the damages.
 

Proseguru

Member
The short answer is no. Just like if you as an employee drops you work notebook computer .. you would not have to pay for a new one.

It comes with the territory. Tires get flats, rims get ruined.

Go into a new business if you wish to avoid these expenses.
 

sandyclaus

Senior Member
The short answer is no. Just like if you as an employee drops you work notebook computer .. you would not have to pay for a new one.

It comes with the territory. Tires get flats, rims get ruined.

Go into a new business if you wish to avoid these expenses.
Oh my... Please do not respond with legally inaccurate information.

Of course if the employee damages the company's property, they can legally be held liable to pay for it's replacement if the employer so chooses.
 

swalsh411

Senior Member
This is the actual law in Michigan.

Deductions from Wages

An employee must consent in writing each time an employer makes a deduction from his
or her wages if the deduction is for the benefit of the employer. These type of deductions
include:
- cash shortages
- breakage, damage, or loss of the employer's property
- required uniforms
- required tools
- other items necessary for employment

Although an employer can deduct the above-listed item with the written consent of an
employee, the employer cannot coerce or threaten the employee with discharge to obtain
the written consent.

An employer cannot withhold or deduct wages from an employees pay check, unless:
- required or permitted to do so by law,
- required or permitted by a collective bargaining agreement, or
- the employee has consented in writing, without coercion, to the deduction.


Of course if the employee damages the company's property, they can legally be held liable to pay for it's replacement if the employer so chooses.
I agree but that is not the same thing as saying an employer may legally deduct these damages from the pay check.
 

justalayman

Senior Member
I agree but that is not the same thing as saying an employer may legally deduct these damages from the pay check.
bottom line: the employer can deduct from the paycheck with employees consent. Employer can fire employee if they refuse to pay the damages although that may not be used to force the employee to allow a payroll deduction. Employer can sue the employee for damages they caused if employee refuses to reimburse employer for the damages.


One note: if the damages are not considered to be due to employee's negligence, it is unlikely a court would award the employer the damages. An employee is not typically held to damages outside of their control.
 

cbg

I'm a Northern Girl
There are more ways to make an employee pay for damages than deducting it from his paycheck.
 

Proseguru

Member
Oh my... Please do not respond with legally inaccurate information.

Of course if the employee damages the company's property, they can legally be held liable to pay for it's replacement if the employer so chooses.
The law does not support your claim here. The OP never stated any contract existed.
 

mitchell1204

Junior Member
No, there was no signed agreement. I worked for companies before that did make you sign such pre-employment agreements. But that was not the case with this driver. He worked with a small outfit that doesn't know these laws. It happens all the time in the industry.

My personal experience I received an over weight ticket one time in the companies name. The company took me in a back room and threw a promissary note in front of me. I knew I had two choices. Sign it and continue working or refuse to sign it and get terminated. That's usually how it plays out.

If a company driver has to pay for every damage incurred, he might as well buy a truck and reap the higher earnings.

You can't tell a bunch of truck stop lawyers anything. I'll direct them here so they can read from people that are more aware of employment laws.

Thanks for your replies. :)
 

justalayman

Senior Member
My personal experience I received an over weight ticket one time in the companies name. The company took me in a back room and threw a promissary note in front of me. I knew I had two choices. Sign it and continue working or refuse to sign it and get terminated. That's usually how it plays out.
)
a ticket is very different that the damage situation. A driver is responsible for his truck, including whether he is over weight or anything else regarding his truck. The company was righteous in demanding you pay the ticket, regardless whose name it was in. It was the drivers choice to run overloaded.
 

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