My husband had a minor car accident with the company van, driving over one of these sealed underground pot holes ...it didn't hold and the tire fell right in damaging the van.
His employer is so upset about the repair cost (eventhough he is insured) that he's now accusing him wrongly of things like damaged orders, never delivered orders and want to hold him liable and threaten to take these amounts right out of his paycheck..
Is this legal? And who could I call to get information about that. This for Texas
2006-10-06 07:08:04 · 16 answers · asked by greenie 6 in Politics & Government ➔ Law & Ethics
IF any employer is deducting monies out of your paycheck you need ot be aware and or have initialed on it. They cannot just go into the pay screen deduct money and hand you a check. The money needs to be document/recorded/ and justified.
IF he did damage the van b/c of hte pot holes than he needs to refer to his company guidelines and rules per his job starting packet about the car/van policy. If he didnt receive one that the matter can be discussed and negotiated b/c it was his fault and had admitted it. But as far as other things being damaged the employer cannot deduct any of it from his paycheck. Thats why the employer has insurance both vehicle and for the company.
If the employer deducts anything from his paycheck w/out your husband being aware of it and or threatens him I would immediatly contact a lawyer. That **** aint right! No matter what he may or may not have done to the companies property. No one is allowed to threaten anyone. Period!
2006-10-06 07:21:32 · answer #1 · answered by Kit 4 · 0⤊ 0⤋
Unfortunately if in your Husband's contract of employment with this Company says that he's responisble for any damage to vehicles and/or merchandise, then "yes" your Husband would be responsible.
Please re-check the terms of your Husband's employment (handbook, it there was one given at the time of hire). If you have other questions, I urge you to call the Texas State Department of Labor Board.
Have a lovely rest of the day.
2006-10-06 07:17:41 · answer #2 · answered by Goblin g 6 · 0⤊ 0⤋
The employer cannot legally take this from his paycheck. His paycheck is for hours worked. If he has insurance why doesn't he just file a claim. In our company, if we have an accident in the company van the company pays for it. But, if we get a speeding ticket etc. we have to pay for it ourselves. Seems like they're trying to take advantage of him. Call your local employment security commission.
2006-10-06 07:24:18 · answer #3 · answered by kathy p 3 · 0⤊ 0⤋
The company holds insurance on the van. Your husband should ask for proof of the accusations or contact a lawyer.
2006-10-07 05:23:19 · answer #4 · answered by Big Bear 7 · 0⤊ 0⤋
If the insurance covers it...all that can be taken is the deductible.
Also the company policy must state that he is liable for damages.
An employer can not just make up deductions at will.
2006-10-06 07:18:13 · answer #5 · answered by Dave 3 · 0⤊ 0⤋
It doesn't look as if your husband is going to be able to keep his job. He should start looking for another, and as another has said, contact the state Labor Board for assistance as to his rights. It is unlikely that an employer can willy-nilly deduct arbitrary amounts from his paycheck.
Least of all if there is insurance.
2006-10-06 07:18:38 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Yes, they can take $$ out of paycheck for damaged company property, ONLY if they are justified. He cannot wrongly accuse him of something else.
2006-10-06 07:14:05 · answer #7 · answered by mom_of_ndm 5 · 0⤊ 0⤋
Does Texas have an Employee Standards Branch? They usually have that kind of information.
2006-10-06 07:12:40 · answer #8 · answered by ? 6 · 0⤊ 0⤋
Insurance companies, the companies head quarters of where your husband works and a good laywer.
2006-10-06 07:16:09 · answer #9 · answered by Shortney 1 · 0⤊ 0⤋
Contact the Texas department of labor, they can answer your questions. Your next step is of course hiring an attorney.
2006-10-06 07:12:00 · answer #10 · answered by ebosgramma 5 · 1⤊ 0⤋