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excavator counterweight scratches

Discussion in 'Heavy Equipment' started by Everest, Dec 30, 2007.

  1. Everest

    Everest Junior Member
    Messages: 1

    Would anybody withhold an employees check for a scratch on the counterweight on a 320CLU with 800 hours the scratch is about 2 inches long and 1\2 inch wide and maybe 1/16 inch deep.
    Frank
    just looking for other oppinions
     
  2. mnormington

    mnormington Senior Member
    Messages: 156


    I don't know if you're the employer or the employee, but I am fairly certain that it's illegal for an employer to withhold an employee's wages without the employee giving the employer permission to do so.
     
  3. Peterbilt

    Peterbilt Senior Member
    from IA.
    Messages: 745

    Did the employee purposely scratch the weigh? What was he doing with the machine when the scratch occoured. Scratched count weights are just a part of the business. I know it sucks and since you have a fairly new machine its even worse. But if the employee didn't show gross neglagence in causing the scratch I don't think theres much you can do.

    What is it that you are trying to occomplish by with holding the check? Withholding the check isn't going to fix your scratch.

    Does your machine still operate the way its supposed to? Did the deep scratch make machine light in the ass end?

    Pay the man. He was more than likely doing what you asked/told him to do. The boss always forgets that part.

    Peterbilt
     
  4. bribrius

    bribrius PlowSite.com Addict
    Messages: 1,609



    i agree. dont think you can withhold a check..
     
  5. StoneDevil

    StoneDevil Senior Member
    Messages: 516

    Scratches on the counterweight thats normal , does employer think that its going to look new forever
     
  6. dirt digger

    dirt digger Senior Member
    Messages: 619

    are you kidding me?...a machine with 800 hours i'm surprised it doesn't have more then one scratch...they just happen, it all come with the territory

    on the other hand if he damaged a building or something with the counter weight then you are in a completely different area of question
     
  7. cincy snowdog

    cincy snowdog Senior Member
    Messages: 262

    sounds like he needs a raise as he must be the only one working the machine,a scratch is like battle scar..suck it up and pay up.
     
  8. blowerman

    blowerman PlowSite.com Addict
    Messages: 1,262

    You can't withhold wages. It's a scratch? I'll agree, give him a raise. At least he's working.
     
  9. StratfordPusher

    StratfordPusher Senior Member
    Messages: 951

    Make him fix it

    Hey, sure you can get some touch up paint to match if your that concerned.... sure your man could fix ..
     
  10. Little Jon

    Little Jon Senior Member
    from Buffalo
    Messages: 139

    If my a$$ hole employer withheld my check every time I scratched or dinged something, I would never get paid. But he knows, me putting a scratch or ding in something means Im working and making him $$$$$$$$$payuppayuppayup$$$$$$$$$$$$.

    I have a question for you! Did you not pay the person who delivered that machine??? He undoubtedly put a scratch on it while he was chaining it down.
     
  11. payton

    payton Senior Member
    Messages: 470

    hell i ripped the counter weight off a 330 and got my check and got a new machine delivered to me.. damn slippery rocks.. if hes union and you try to withhold his pay you could be in a world of trouble. but i doubt your union. ooh and by the way the 330 i ripped the counter weight off only had 70 some hrs on it i think.. plastic was still on the seat from when it was dropped off new. **** happens. a small scratch on a counter weight isnt ****. hell ive ripped buckets apart. and only heard drop it and call a welder. if your that damn picky about your equipment then maybe you should fire everyone and run everything your self.

    and while it sounds like i may be hard on equipment and i may be. i work pipeline and anyone whos been around any major pipeline 30 and up can tell you when your going cross country things happen. hell ive slid off the side of hills that you cant walk up. ive fallen thru bridges.(we have to make temp bridges on all water crossing) its part of the game. hell the best one was crossing a swamp section in il. sunk it to the turntable took 2 d9s and a 450 to pull me free.well the 9s pulled timbers under me as i picked up what i could and the 450 picked up on the ass of my machine to get me up out of the deep sticky.


    pay the man.. if your the man quit and find a new job.
     
  12. sparky8370

    sparky8370 Senior Member
    Messages: 234

    If the employer holds a check or bounces a check then the employee can go to the labor board and make it so the employer has to issue a certified check every week. And the employer can't make the employee for those damages. Unless the employee is dumb enough to pay for it. That's what insurance is for. If my employer tried getting me to pay for something that got damaged in the course of work I'd tell him right where to go.

    And 800 hours is a LOT of hours on a machine to not have any scratches.
     
  13. Little Jon

    Little Jon Senior Member
    from Buffalo
    Messages: 139

    Insurance? Thats what charging $125+ an hour is for vs, the 20 or 30 the operator makes.payup
     
  14. 4x4Farmer

    4x4Farmer Senior Member
    Messages: 948

    I don't think I have ever seen a excavator that didn't have a scratch on the counterweight other then one with 0 hours on it. Most the ones I see around here don't have any paint left of there counterweights. I know allot of guys on here think we abuse our equipment, but thats not what it is. We use our equipment! Cat makes there loaders to be tough, not to be babied! Thats why we use them! Thats my opinion.
     
  15. sparky8370

    sparky8370 Senior Member
    Messages: 234

    I'm starting to think this may have been a joke. It's really kind of like someone getting upset they got dirt on their tires.......
     
  16. powerjoke

    powerjoke PlowSite.com Addict
    Messages: 1,341

    without reading the other post YES.but no more than (~$20 or he can buy a can of spray paint) why is it 1/16th deep (did you colide w/ a new skidsteer?)you need to be awae of youre suroundings. and yes sometimes you have to work in tight quarter's but it's the man in the seat's job to take care of his machines.

    i even have guys AFTER HOURS clean tracks if they deliberatly drove through the mud or debris etc. but i am an A-HOLE to work for, i buy my machines new and don't want them beat up on the first job

    after 800 hrs if you ran this machine this long without damage you know what to watch out for!!!!!!! but stuff will happen

    if it is a rented machine w/ no scratches upon delivery you WILL HAVE TO PAY for it....that's all there is too it and maybe your employer had to pay for your scratch

    i am enclosing a pic of a new 315 without a scratch! i am the only one to run it and it has only been run in demolition

    sorry if i sound "sore" but i have bought too many dollars worth of equipment and seen it tore up (this is not a act of neglegence........kinda)
     
    Last edited: Feb 10, 2009
  17. Lawnscape89

    Lawnscape89 Senior Member
    Messages: 213

    Yeah, he's only had 1 post and hasn't been back (to reply, at least) since the thread (trouble?) was started.
     
  18. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,608

    You can pay him and keep him
    Or you can fine him or not pay him and you will be hearing from the Dept. of Labor/ Wage and hr. and after that call you will be driving to his house and paying him. Trust me I called them once....
    You can pay him and fire him..

    You can not fine an employe, Federal law.
     
    Last edited: Jan 2, 2008
  19. powerjoke

    powerjoke PlowSite.com Addict
    Messages: 1,341

    MMMMM!!!!! kinda.....

    if he wants to keep his job..... i have done it before:nod: but i aint sayin he couldn't have faught it but it is still damage of property

    one time i had a hand i was trying to get rid of so when we was on 1 job for 1 week i told them that the time clock was optional and i would pay from time in to time out.....or write time in and write time out, well this jagoff was'nt writing in the corect times;) so i fired him under the "falsification of company recorords" law

    kinda the same thing but not really


    p.s. i noticed the REPO_MAN thread is falling? LOL

    EDIT: P.S. Josh if youre reading this i swear, you're position wasn't needed any more;) LOL
     
    Last edited: Jan 2, 2008
  20. SnoFarmer

    SnoFarmer PlowSite Fanatic
    from N,E. MN
    Messages: 8,608

    I saw that??
    And no one needs any help with a plow;)
     
    Last edited: Jan 2, 2008