My husband was working for a limo company and his supervisor said he missed a call that my husband knew nothing about...so, the company decided that because they had to reimburse the customer their money, they want to dock my husband's pay...$370.00 Anyways...my husband quit because it's unfair and now the company is suing him in small claims court...there was nothing signed in my husband's limo contract stating he'd be responsible for such charges...can this company do this?
2006-07-01 18:43:33 · 6 answers · asked by monkiss_2000 2 in Business & Finance ➔ Other - Business & Finance
Most lawyers will not want to represent you on a matter like this, because the cost of hiring a lawyer far, far exceeds the amount in question in court. It's also a small claims matter and something you can handle yourself. A place to start is by contacting the labor commission in your state to ask about whether the employer's actions meet law. And if your husband signed a hiring contract or other documents describing his duties, etc, when he was hired, make sure you familiarize yourself with it before going to court to defend yourself, because if there's something in the contract that put him on notice for such docking of pay, his defense loses strength. And if you do in fact go to court, the totality of the circumstances is something you need to realistically consider. In other words, you might already know what the employer is going to claim and the story they will tell. Is it true and can you overcome it by equal truth?
2006-07-01 18:52:12 · answer #1 · answered by nothing 6 · 2⤊ 0⤋
there was no contract in writing stating "call obligations per
commitment to serve" company should should know before hand via dispatcher itinerary where each driver is located and is active with a client. Company did not take any lose ... service wasn't given......company should reimburse rightfully....company
should not doke anything from your husband's wages.
2006-07-02 01:58:45 · answer #2 · answered by Antonio Olive 2 · 0⤊ 0⤋
The money they returned wasn't theirs because they didn't supply the service. So they can't be reimbursed.
They gave the customer back his own money so it didn't cost them anything.
Your husband doesn't owe for limo service that wasn't provided.
He should countersue for lost wages.
2006-07-02 01:54:58 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Of course.
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2006-07-02 02:09:18 · answer #4 · answered by Anonymous · 0⤊ 0⤋
They can try to collect but most likely there is nothing they can do, it is a business loss. Just one of the risks of doing business.
2006-07-02 01:47:48 · answer #5 · answered by harryt62 4 · 0⤊ 0⤋
Yes they can sue. It doesn't mean that they will win, especially if your husband can show some proof that it wasn't his fault.
2006-07-02 01:48:40 · answer #6 · answered by ☼Jims Brain☼ 6 · 0⤊ 0⤋