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Employer taking pay for car accident

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    Originally posted by slumbering_panda
    Ok here is the story. I work at a car wash in Colorado. Recently one of my fellow employees crashed two of the cars being washed into each other. This resulted in apprx. $3,000 worth of damage. I have the possition of manager of the car wash operation and am being held responsible for the accident. My employer says she is going to deduct the damage ammount from my paycheck, eventhough i was neither driving the cars that were crashed nor was I even in the location when the accident happened. Insurance doesnt cover the accident because the guy who crashed the cars does not have a drivers licence. Is this legal? Can she deduct pay from my paycheck?
    (1) They definitely cannot do this without your consent, which consent must be revocable. See CRS below.

    The real question is whether you are liable for the damage in the first place.

    (2) Did you permit the fellow employee to drive the car without checking to see if he had a license? Had you permitted the employee to do so in the past?

    (3) Did you hire the fellow employee into a position in which the employee would need to drive cars even though the employee had no license?

    Colorado Revised Statutes, in relevant part:

    "8-4-105. Payroll deductions permitted.
    Statute text
    (1) No employer shall make a deduction from the wages or compensation of an employee except as follows:

    (a) Deductions mandated by or in accordance with local, state, or federal law including, but not limited to, deductions for taxes, "Federal Insurance Contributions Act" ("FICA") requirements, garnishments, or any other court-ordered deduction;

    (b) Deductions for loans, advances, goods or services, and equipment or property provided by an employer to an employee pursuant to a written agreement between such employer and employee, so long as it is enforceable and not in violation of law;

    (c) Any deduction necessary to cover the replacement cost of a shortage due to theft by an employee if a report has been filed with the proper law enforcement agency in connection with such theft pending a final adjudication by a court of competent jurisdiction; except that, if the accused employee is found not guilty in a court action or if criminal charges related to such theft are not filed against the accused employee within ninety days after the filing of the report with the proper law enforcement agency, or such charges are dismissed, the accused employee shall be entitled to recover any amount wrongfully withheld plus interest. In the event an employer acts without good faith, in addition to the amount wrongfully withheld and legally proven to be due, the accused employee may be awarded an amount not to exceed treble the amount wrongfully withheld. In any such action the prevailing party shall be entitled to reasonable costs related to the recovery of such amount including attorney fees and court costs.

    (d) Any deduction, not listed in paragraph (a), (b), or (c) of this subsection (1), which is authorized by an employee if such authorization is revocable including, but not limited to, deductions for hospitalization and medical insurance, other insurance, savings plans, stock purchases, voluntary pension plans, charities, and deposits to financial institutions;

    (e) A deduction for the amount of money or the value of property that the employee failed to properly pay or return to the employer in the case where a terminated employee was entrusted during his or her employment with the collection, disbursement, or handling of such money or property. The employer shall have ten calendar days after the termination of employment to audit and adjust the accounts and property value of any items entrusted to the employee before the employee's wages or compensation shall be paid as provided in section 8-4-109. This is an exception to the pay requirements in section 8-4-109. The penalty provided in section 8-4-109 shall apply only from the date of demand made after the expiration of the ten-day period allowed for payment of the employee's wages or compensation. If, upon such audit and adjustment of the accounts and property value of any items entrusted to the employee, it is found that any money or property entrusted to the employee by the employer has not been properly paid or returned the employer as provided by the terms of any agreement between the employer and the employee, the employee shall not be entitled to the benefit of payment pursuant to section 8-4-109, but the claim for unpaid wages or compensation of such employee shall be disposed of as provided for by this article.

    (2) Nothing in this section authorizes a deduction below the minimum wage applicable under the "Fair Labor Standards Act of 1938", 29 U.S.C. sec. 201 et seq.

    History
    Source: L. 2003: Entire article amended with relocations, p. 1855, ยง 1, effective August 6.

    Annotations
    Editor's note: This section was formerly numbered as 8-4-101 (7.5) and the former 8-4-105 was relocated to section 8-4-103."
    Last edited by grasmicc; 08-10-2005, 12:48 PM.

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  • LConnell
    replied
    Colorado Deduction

    Though Colorado permits deductions from pay as a result of employee indebtedness to the employer, this seems to be a stretch. You may wish to make a call to the state: http://www.coworkforce.com/LAB/Minim...Order%2022.pdf

    Leave a comment:


  • slumbering_panda
    started a topic Employer taking pay for car accident

    Employer taking pay for car accident

    Ok here is the story. I work at a car wash in Colorado. Recently one of my fellow employees crashed two of the cars being washed into each other. This resulted in apprx. $3,000 worth of damage. I have the possition of manager of the car wash operation and am being held responsible for the accident. My employer says she is going to deduct the damage ammount from my paycheck, eventhough i was neither driving the cars that were crashed nor was I even in the location when the accident happened. Insurance doesnt cover the accident because the guy who crashed the cars does not have a drivers licence. Is this legal? Can she deduct pay from my paycheck?
    Last edited by slumbering_panda; 06-14-2005, 06:18 PM.
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