deductions

dholder369 · May 2006

We have an employee who damaged a car, my question is, can we deduct the amount from the employee without written consent? Employee has terminated employment with us when found out she had to pay for damage.

Thanks for help

Down_the_Middle · May 2006

Your question is likely being avoided due to the absence of more info. This forum is happy to share suggestions w/other HR prof's, but more info is needed to help w/an intelligent response.
* who's vehicle was damaged?
* during the course of employment?
* employees response to the incident?
welcome to the forum......

dholder369 · May 2006

>Your question is likely being avoided due to the
>absence of more info. This forum is happy to
>share suggestions w/other HR prof's, but more
>info is needed to help w/an intelligent
>response.
>* who's vehicle was damaged?
>* during the course of employment?
>* employees response to the incident?
>welcome to the forum......

It was a customers car in for service. Yes she was employed at the time. Does not fell she should pay for damage.

Gadget · May 2006

It is however generally true that you can get into trouble deducting anything from an employee's check with authorization.

Sorry - you're probably going to end up taking the loss unless (and maybe even if) you are prepared to get an attorney, etc.

dholder369 · May 2006

>We have an employee who damaged a car, my
>question is, can we deduct the amount from the
>employee without written consent? Employee has
>terminated employment with us when found out she
>had to pay for damage.
>
>Thanks for help

WT · June 2006

As a general rule, the Employer deducting money out of an employee's wages, absent a written agreement to do so from the employee, could be seen as resorting to "self help". In that case, the Employer would be acting as judge and jury finding the employee guilty and exacting the penalty. Since the Employer is free to go to court and obtain damages through a due process procedure where the rights of the employee will be protected, such "self help" is unlawful in some states and would probably not be looked upon kindly by most courts.

pork1 · June 2006

I concurr, with the exception that if there is bonus money due you can choose to take that money as payment toward the loss. Being a servicing company of automobiles, I assume, the company probably has insurance and bonding amounts to satisfy this type of business loss. Also remember that the record of repairs to the customer's vehicle should be or, most likely, is also a "cost of doing business" and will be "written off" as bad debt by the accounting department.

PORK

marc · June 2006

You have received some good feedback.

I am not a lawyer, nor do I play one on TV, but it is my considered opinion - grown through watching Perry Mason and Judge Judy - that your company could prevail in one of two ways.

First - the EE did not challenge your deduction, thus no judge or jury would ever hear the case.

Second - the EE was grossly negligent in causing the damage. Not ordinary negligence, but the gross kind (insert comments here____________).

deductions

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