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Employee Responsible for Truck Damages??

Discussion in 'Business Fundamentals' started by G.Landscape, Dec 9, 2011.

  1. G.Landscape

    G.Landscape Senior Member
    from Ontario
    Messages: 851

    So basically the crew came back from work today and unloaded the truck (Ford 550 Dump), the one laborer went to go park the truck and backed into our Tri-Axle:eek: How the F*** do you not see a tri-axle truck?

    Anyway the Laborer was told (When he was hired in the spring) that he is not allowed to drive the trucks because of a past driving record but felt it was ok to drive around our lot. :dizzy:

    Just Curious how you would deal with the situation. Not sure how much repair are going to be, but the truck needs a new grill and we will have to see what kind of damage is done to the radiator on Monday.
  2. grandview

    grandview PlowSite Fanatic
    Messages: 14,609

    Most of the time you can't make an employee pay for damages ,might be able to dump for not following the rules ,but it has to be in the employee hand book or somewhere written down and singed by him.
  3. Longae29

    Longae29 PlowSite.com Addict
    Messages: 1,953

    You are going to have a tough time legally "making him pay"

    Sounds like you were the one driving the truck if theres enough damage......
  4. swtiih

    swtiih PlowSite.com Addict
    Messages: 1,179

    Either you eat the cost or insurance. Employees aren't liable for something like that. If he has no license your insurance probably won't cover it either.
  5. forbidden

    forbidden Senior Member
    Messages: 392

    Give him a written warning about driving the truck when he is not permitted to. 2 more warning and can his butt before it costs you some real $.
  6. snowplowchick

    snowplowchick Senior Member
    Messages: 549

    Wow. Sounds like he is the same guy we had a month ago who had no license, and did the exact same thing(but thousands in damage) in our yard.

    Good thing it wasn't a person. Write him up if you are going to play by the "3 strikes you are out rule".
  7. TLB

    TLB Senior Member
    Messages: 275

    I agree with the three strikes too, if they were told about this when they were hired.
  8. Moonlighter

    Moonlighter Senior Member
    Messages: 643

    Make an employee handbook up, have all the employees read them and sign them, then you can do whatever you have ruled in the book. Don't let him ever drive again anywhere.
  9. rebelplow

    rebelplow Senior Member
    Messages: 147

    So what happens when the laborer is shoveling on a customer property, and then misses a tiny spot with salt when he's done. Then someone slips on the tiny spot that was missed with the salt. Are you going to try and hold the laborer responsible for that too?
  10. G.Landscape

    G.Landscape Senior Member
    from Ontario
    Messages: 851

    I don't this how this applies in this situation at all?? Your trying to compare apples to Monkeys....they aren;t even close to the same!

    We do have a 3 strike system, so he is definitely getting written up for it. I guess he is getting laid off anyway soon, he was only summer help, we won't need him through the winter, but maybe "we don't have as much work for him as I thought" ......
  11. bristolturf

    bristolturf Senior Member
    Messages: 435

    i agree with the others. Write them up for it, make sure he knows about the write up and make him sign it. And after he gets x number of write ups hes gone.
  12. goel

    goel PlowSite.com Addict
    Messages: 1,079

    Where is the direct supervisor/crew leader in all of this?

    Who's responcibility is the Truck, certainly not the labourer - even though he is at direct fault for causing the damage?
  13. gardenkeeper88

    gardenkeeper88 Senior Member
    Messages: 115

    Noticed I highlighted backed. Where was his spotter. Not all of my employees have as much experience backing around other equipment. Yes you should be able to see a tri axle. What was his training on driving the truck around the yard? we have a policy NO backing @ the shop OR job site with out a spotter. Do they sometimes back the pickup at the shop without a spotter yes but If I see them They do get a new training session. IN my office.
  14. SSS Inc.

    SSS Inc. PlowSite Fanatic
    Messages: 14,376

    We have found its better to hire people with clean driving records regardless of their position. I think you'll just have to eat this one.

    Are you serious? I can't imagine having a spotter for every truck we back into our yard or jobs. Sounds to me like you need some better drivers. While safety is of the greatest importance and a handful of situations may require a spotter, a good driver should have no issue with backing a truck up especially a pickup. What do you do when plowing?
  15. G.Landscape

    G.Landscape Senior Member
    from Ontario
    Messages: 851

    Yea, usually not having a driving license is a sign of a bad employee. Shows a certain level of responsibility and care. But in this case he has been a pretty decent labourer, better then some with a drivers license in this case.

    And yea, I am not going to have a spotter required every time someone backs up a truck. This is only the second time I have had someone back into something in 3 years, the last one was a mailbox

    btw we do have a handbook, but doesn't really cover this situation. I might have to right something in. Maybe something like if using a piece of equipment you are not authorized to use you are responsible for damages.
  16. G.Landscape

    G.Landscape Senior Member
    from Ontario
    Messages: 851

    The foreman is responsible for the truck, and he was in the shop. Two labourers were dealing with the truck, the other labourer is allowed to drive...I don't know why he wasn't.
  17. mike thunder

    mike thunder Senior Member
    Messages: 110

    He proved that he is not a responsible driver, so you told him that he wasn't allowed to drive your trucks, which is the responsible thing to do. He drove it anyway, which is called stealing. He stole your truck and crashed it, either he pays or goes to jail. I hope i don't have to say that he should have been fired on the spot. If you didn't, do it immediately. If he doesn't pay follow through with filing the police report and pressing charges. If he has pay coming to him keep it and take it off the repair bill. He committed a crime and you are entilted to restitution for your loss. If you have insurance you may be entilted to only your deductible if your policy covers theft. Once he was prosecuted your insurance company would most likely require your assistance (deposition) in suing him to get their money back.
    It's ridiculous to suggest that anyone other then the criminal is at fault for stealing and crashing the truck.
  18. mulcahy mowing

    mulcahy mowing Senior Member
    Messages: 718

    That has to be the most ludacris thing I have ever heard. be a businessman about it warn the employee about not doing it again. Then eat it up and take it like a man. write it off as a cost of doing business.
  19. Dissociative

    Dissociative 2000 Club Member
    Messages: 2,066

    i dunno......i agree....if he was told NO driving....then keep the deductible from your insurance or the damages what ever is less....

    If someone jumped in my truck after being told not to and wrecked it.....DAMN RIGHT...they pay..
  20. mike thunder

    mike thunder Senior Member
    Messages: 110

    He was already warned mulcahy. The warning was when he was told he can't drive company vehicles! Whats a guy got to do to be fired around your shop?