Can your employer...

[Steve V]

Take money out of your check without your consent? Here's my situation.

I work at a new car dealership. I backed into a customers car Monday did some damage. I accept blame, willing to pay. Tired to file claim with my auto ins, they said no insurance follows the car not the driver. I was not driving my car. Ok, next step.

Use the dealerships insurance and pay the deductible myself. Was told $1k. About 30 mins later oh no deductible is 5K and damages are 2k so you can just pay that was what the service manger tells me. I told him I will pay the cost of repairs.....the cost.....no markup.....no profit. He says I do not run the dealership, it is what it is. Of course I got nasty with him.

When the car is done I will get a form to either pay the bill in installments out of my check or 1 lump sum.
That's when we will see what happens. I have been through our hand book and this type of situation is not addressed. I am going to refuse to sign and again say I will only pay the cost of repairs no markup.

Anybody have any experience with this type of situation?

I am wondering if I should go see a lawyer to find out my legal rights in this situation.

If I lose my job so be it I can have another tomorrow.

 

[salvageV6]

Before any work was started an agreement on cost etc. should have been made as to how it would be done.

I would get your boss involved or whomever runs the whole show to decide what is fair in the situation, not you or the service manager.

If you were in a company vehicle their insurance should be contacted to cover it, and you should be reprimanded or fired whatever they do there in those types of situations (could be nothing), and personally liable for nothing as an employee of the dealership.

Owning up to it is one thing, but getting them to take full price of repairs with profit out is ridiculous.

It's nice to see everyone gets to argue with the service manager idiots.

Let's just say you need to get it to arbitration.

What's the handbook say on using company vehicles? Moving them or driving them etc.?

Just my .02, but it could escalate into a big issue with the tone of the service manager here.

He probably only knows how to price the jobs one way.

 

[Chris McDade]

You should only have to pay the dealers cost. Why would they want to make money from there employee? It was a accident and you confessed to it!

Doesn't make since to me. You can quit and loose your last pay check. I doubt they will come after you for the money IMO.

Good luck.

 

[bison]

You may not be liable for anything. If you didnt agree to have x amount taken out of your pay they can't take out whatever they see fit. Who determines the cost of the damages? Where is it written? If you caused the damage and are agreeing to pay for it you can determine where it's getting repaired. Maybe time to move on and go back and whack them for garnishing without consent.

 

[INEEDAGN]

If you were working for the dealership at the time of the accident (on the clock) you are liable for NOTHING! It's their load to bear. Even the ins. deductible. They can probably fire you for it but they can't make you pay a dime. That's one of the perils of having employees.

 

[KEVINS]

If you were working for the dealership at the time of the accident (on the clock) you are liable for NOTHING! It's their load to bear. Even the ins. deductible. They can probably fire you for it but they can't make you pay a dime. That's one of the perils of having employees.

EXACTLY.
That's why they have insurance.


ks

 

[hungerbuhler1]

My employees always damage stuff and there's nothing I can do but fix and move on. That's part of business. Last mess up was they wrecked 2 company trucks into each other. Cost me 6k for a new truck bed, 2 tailgates & 2 bumpers

 

[GNTIM]

Call the VA Dept of Labor. Unless something has changed in the past 10 years, an employer can't do that in VA. I learned that the hard way after I kept an employees check after I caught him stealing a bunch of stuff from my old repair shop. Sent him his check and had the cops pick him up for theft

 

[Red C5]

Not sure about your state so double check with your local gov office but you should not be liable for any of it since you are an employee and you were working at the time. Now if you are hired as a contractor and get 1099 it may be different.

 

[charlief1]

If you were working for the dealership at the time of the accident (on the clock) you are liable for NOTHING! It's their load to bear. Even the ins. deductible. They can probably fire you for it but they can't make you pay a dime. That's one of the perils of having employees.

EXACTLY.
That's why they have insurance.

ks

Not sure about your state so double check with your local gov office but you should not be liable for any of it since you are an employee and you were working at the time. Now if you are hired as a contractor and get 1099 it may be different.

All these responses are 100% correct. Unless you're a "contractor" then you aren't liable at all. The company is trying to keep you from causing their insurance rates to go up and I'd bet they haven't reported it yet so you might call the insurance company and tell them. The only way you might be liable is if you had been drinking or taking drugs which is against company policy but the insurance would still have to pick the bill up and the dealer will have to pay higher premiums in the end.

 

[turbo39151]

Talk to an attorney. Get "actual" legal advice. You can call your State Bar and get a referral to someone who deals in employment law. (VA state bar referral number is 800.552.7977)
If your employer is behaving improperly, your attorney can have a chat with their attorneys.
Makes a big difference.

Good Luck.

 

[Steve V]

test

 

[Steve V]

Wow, I can post in this thread again. Tried several times and it says I am not logged I while I am.

Car was repaired in house by our bodyshop. I have not been approached for payment yet. It seems that several people have caused damage to customers car and have not paid for it. Our parts driver rear ended someone last year and did not pay. It seems it is handled on a case by case basis. This is a small family run dealership with about 50 employees.

I have an email into the Labor board, no reply yet.

 

[faster]

No they cannot charge you for damage incurred while in their employ on the clock. Call the National Labor Relations Board.

Mikey

 

[87GNSteve]

They are probably attempting to double dip; take money from you and put in an insurance claim I doubt they have $5000 deductible that is absurd.

 

[gn4u2c]

Oh man... If they take one penny out of your check field day at the labor board and lawyers office. 100% against the LAW period right or wrong they can't do it. They have umbrella insurance to cover it ther are not telling you to save the money, Serivice managers don't know shit, talk to the comptroller he or he will know the real deal there and they are usually nicer than the GM's and owners, Start there report back. Its an accident nothing more getting mad does not help . Stay calm

 

[MAK507]

All these responses are 100% correct. Unless you're a "contractor" then you aren't liable at all. The company is trying to keep you from causing their insurance rates to go up and I'd bet they haven't reported it yet so you might call the insurance company and tell them. The only way you might be liable is if you had been drinking or taking drugs which is against company policy but the insurance would still have to pick the bill up and the dealer will have to pay higher premiums in the end.

I'm not a lawyer or giving any legal advice. I agree with the above comments. Their insurance needs to pick up the tab. For example, if I'm on the clock driving from one meeting to another, and I get in a car accident, the company has to take care of everything, not me. That is why a lot of companies don't like their employees driving off during their 10-15 minute breaks because the employee is still legally on the clock. (You only clock out for lunches - which in this case your auto accident is all on you.) They can drug test you (which would still not make you liable). It would just give them grounds to fire you (the positive drug test will screw you from getting unemployment and protect them from you taking them to court for firing you for no reason). Happened to my buddy.