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should employees pay for damage?

Discussion in 'Business Fundamentals' started by turbo5560, Feb 10, 2009.

  1. turbo5560

    turbo5560 Senior Member
    Messages: 285

    As the title states, should employees pay for damage? I'm not talking turf damage but vehicle damage? I had a employee plowing in my truck one night and backed into a car. No damage to the truck, but did do $1,600 worth of damage to the car. Would you take the money out of the subs pay or would you eat it? My deductible is $1,000 and in my opinion isn't worth turning the claim in. What would you do?
     
  2. Indy

    Indy Senior Member
    Messages: 704

    I am not sure legally but I don't think you can with hold his pay. You could ask him to pay the $1800 or pay the $1000 that would be you deduct able or if you like him split it and tell him not to do it again..........

    JMHO
     
  3. show-n-go

    show-n-go Senior Member
    Messages: 776

    how long has the employee been with you?
    is he an otherwise good employee?
    did he tell you right away or did you have to find out some other way?

    these are questions i ask myself when i've been put into this situation.
    if he is a decent employee and has been with you for a while it would be very fair of you to split the cost. thats a tough call
     
  4. Mark Oomkes

    Mark Oomkes PlowSite Fanatic
    Messages: 10,868

    You better have a signed form allowing that deduction. If you don't, you could be in a world of hurt.

    Stuff happens when you're plowing, it's only a matter of time before something is damaged. That's why you have insurance.

    If it starts to become a frequent occurrence, then you need to train better or fire him\her.
     
  5. onemanshow

    onemanshow Junior Member
    from alaska
    Messages: 27

    As he being one of your employees I don't think legally you can make him pay.
     
  6. augerandblade

    augerandblade PlowSite.com Addict
    Messages: 1,054

    If hes a money maker for you, dont throw out the baby with the bathwater.
     
  7. snowplowchick

    snowplowchick Senior Member
    Messages: 549

    I don't think you can legally.

    We have had four incidents that could have been put through insurance this year already but we have/are planning to pay for the damages ourselves to keep insurance from skyrocketing more than it already has.

    All caused by workers, the most expensive was a hydro pole and all new cable(main line) estimated at 25K plus loss of hydro for the business, and the guy was seen getting out and hiding the damage by covering it with snow!


    Swallow the cost yourself and get rid of him if you have other problems with him.
     
  8. Mark Oomkes

    Mark Oomkes PlowSite Fanatic
    Messages: 10,868

    Dang, and I thought my $8K transformer was bad. I was fortunate enough that he decided plowing wasn't for him. ;)
     
  9. RepoMan207

    RepoMan207 PlowSite Fanatic
    from Maine
    Messages: 5,033

    If you think a $1000 dollar insurance claim is un justified, you may want to compare that to a lawsuit and penalties from your state. You can not under any circumstance ask or force an employee to pay for anything. If the guy has half a brain he would be seeing dollar signs as you dripple out all the reasons why he should pay. Frustrating I know, but it's just not worth the risk.
     
  10. Burkartsplow

    Burkartsplow PlowSite Veteran
    Messages: 3,245

    If he is an employee you can NOT make him pay for the damages. If he is a Sub then the damages is on him and he has to pay for it. Here is an eassy way to figure it out. Was he driving your truck under your insurance? If the answer is yes then he is an employee and you can not make him pay for it. You can fire him, but not pay for the damage. If he is a sub and driving his own truck with his own insurance then he is responsible and it falls under his insurance and he would either have to pay out of pocket or file a claim with his insurance. Now if you left him drive his truck under your insurance then you have to pay and you can not make him pay. pretty simple. Just by reading the above statement you called him an employee and a sub. he cant be both.
     
  11. turbo5560

    turbo5560 Senior Member
    Messages: 285

    Well i think i take the side of most of you. I thought that i would just have to eat it, but so many people have told me that he should pay for it. I know that I have broken things in the past and my employer has paid for it. It wasn't $1,600.... but still.
     
  12. augerandblade

    augerandblade PlowSite.com Addict
    Messages: 1,054

    Re Read the thread, LOL most of us say its not legally advisable.!!!!!!!!!!!!!!!!!!!
     
  13. RepoMan207

    RepoMan207 PlowSite Fanatic
    from Maine
    Messages: 5,033

    I was about to say........That damn statement just doesn't make any sense!
     
  14. Plowfast9957

    Plowfast9957 Senior Member
    Messages: 280

    I think what everyone is saying is that you do have to eat it.
     
  15. ahoron

    ahoron Senior Member
    from here
    Messages: 422

    You could try to get him to pay but he could also say he hurt his back in the crash. Then, get a workmans comp case. It's the cost of doing business make sure next time he causes more damage so it's easier to make a claim on your insurance:D
     
  16. TurfSolutionsMN

    TurfSolutionsMN Senior Member
    from MN
    Messages: 302

    I would have to go with "BurkartsPlow" on this one
     
  17. ahoron

    ahoron Senior Member
    from here
    Messages: 422

    Michigan law

    Any deduction required by law (i.e. taxes, friend of the court payments) and union dues. All other deductions require the employer to get your signed authorization before the deduction is made. The employer is required to itemize deductions on your pay stub.
     
  18. Dustball

    Dustball Senior Member
    Messages: 274

    From your state's Dept of Labor-

    http://www.michigan.gov/dleg/0,1607,7-154-27673_32352-184088--,00.html

    http://www.michigan.gov/dleg/0,1607,7-154-27673_32352-41936--,00.html

    Basically from the way I read it- unless you have a written authorization prior to any damages occurring stating that the employee is responsible for reimbursing you , you can't go after your employee.
     
  19. fordboy

    fordboy Senior Member
    Messages: 300

    I say if he was driving your truck youare responsible. If he was a sub in his truck he is required to carry his own commercial auto insurance. It sucks you pay because of his mistake but that is part of doing business and why we pay insurance.
     
  20. turbo5560

    turbo5560 Senior Member
    Messages: 285

    no i totally agree with everyone... the only reason i ask is that i have had about 5 people locally say "well why not take it out of his pay..." just wanted to make sure i was thinking straight