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  • New employee problem? Utah

    In discussion with a friend, I learned he fired a fella I referred to him for work. It's outside, working with equipment. The fella I referred to him supposedly had experience, but it seems he doesn't.

    He was instructed to do a chore, and he started doing it wrong. At first he was caught early on, and nothing "bad" happened. He was instructed how to do it correctly, but then when left alone, he went back to doing it "his way", and this caused damamge to equipment that now will cost dearly to fix. His excuse was "that's the way I've been doing it for years", only to find out he has no verifiable experience in this field. So he was fired. The estimate to fix the damage is just shy of $10,000, which my friend has to eat.


    So now my friend is not very happy with my referrals. My bad, really. I should have checked, myself. And I'm talking in general about this to protect from liability.

    However, my question is, while he cannot withhold pay for damages, is it something he can sue the guy over? I know he won't do that himself, as he has insurance (he still has to cover some of the expense himself). But I look at this from the perspective of "what would I do if that was me, and I had an employee that did that to me?"

    can an employer sue an employee for something like that?
    Last edited by cactus jack; 12-13-2014, 07:41 AM.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

  • #2
    What state are we talking about - your state of Utah? Thanks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      If the guy did it intentionally or through negligence, he could sue him just like anyone else who damaged the company's property.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        I was going to give you a link to the wage payment laws in whatever state you were referring to. However, you probably don't really need them since in any state an employer can sue an employee for any money they believe is due them for whatever reason.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          The DOL would not get involved in a case like this where the employer alleges the employee owes them money.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment


          • #6
            No, not in this case. They can't keep the employer from suing the employee if that is what the employer wants to do.

            They would only get involved if any illegal deductions were made from employee's pay....
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              This is in Utah.
              I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
              Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
              I also may not have been either sane or sober when I wrote it down.
              Don't worry, be happy.

              http://www.rcfp.org/taping/index.html is a good resource!

              Comment


              • #8
                Ok, answer same re suing - employer can sue employee to recoup the money/expenses he is out due to damage employee did.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Ok, thanks.
                  Now just a concern IF that will ever happen to me. I'll tell my friend, but I don't think he'll do anything himself and it may not be worth the effort if the guy I referred to him doesn't have any money.
                  I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                  Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                  I also may not have been either sane or sober when I wrote it down.
                  Don't worry, be happy.

                  http://www.rcfp.org/taping/index.html is a good resource!

                  Comment


                  • #10
                    You're welcome.

                    Yep; even if the employer sues & wins a judgment against the employee, he still has to collect the money from him. That's the hard part - sometimes the person doesn't have the money or any assets/many assets to collect from. (though it's possible the employee may in the future - a judgment is good for 8 yrs. in Utah & can be renewed)
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                    Comment


                    • #11
                      In general I would think it hard to prevail in a suit against an employee for the destruction of something in the course of the job....but if the employee lied about his prior training and or violated direct instructions-training as to how to do it and insisted on doing it his old way..it " might" rise to negligence ....but I'm short of skills to connect the dots.

                      I might be winnable in SC court if the guy goes off on doing it his way? And inexpensive to try?

                      UT allows for wage attachments

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