Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Employee car crash South Carolina

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Employee car crash South Carolina

    I own and operate a small business in the repair business. I have three techs. Yesterday one of my technicians totaled the company car. Thsi is just one more thing on top of the multiple mess ups I have dealt with for this particular guy. This was an at fault accident, he hit a lady in the rear due to being careless behind the wheel. What are my options. I be darn if I want him to be able to file for unemployement, but without the company vehical there is no position for him. As far as collecting workers comp, I only have three part timers meaning I did not have to hold comp. He didnt get seriousyy injured. How do I obtain a copy of his medical report, get a drug test and all that stuff. Any help would be greatly appreciated. I want my company around generations, not years. This guy is bringing it down fast. From theft, jail ltime, time card violations, ect. Personal and excessive use of vehicals, etc....

  • #2
    Anyone can file. The more documentation you have of his theft (including time card violations), negligence with company property (the car), the better your chances are of winning a protest for him getting UI. Do you have any of this in writing, and do you have any records of your counseling him regarding these issues?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      we have documentation of speeding tickets, bailing him out of jail, theft (pawn tickets for our tools, no real proof of time card violations, he quit submitting his time and kinda left me to just figure it out. Does it matter that on paper we fired him in september, rehired then fired him in october for no shows, then rehired again? Our hearts are in the right place but may land us in the wrong place. We have given him multiple loans for lawyers and parole and such, the list just goes on.....thnk you so much for replying to this.
      I also need to know if he can be fired now or do we/ should we continue paying him based on an average of what he was working. What would the average be and how long should we continue?
      Last edited by mrscbrowder; 01-13-2009, 06:45 PM.

      Comment


      • #4
        I see no reason why you cannot terminate him at this time & don't rehire him.

        I assume/hope you had ins. on the co. vehicle.
        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
          yes we have auto insurance. They are telling me that the workers comp would take care of our employees medical bills. ?? I pay for medical on th eauto policy so that doesnt seem right.
          As for terminating this guy, what course of action might I have to recover some of the losses. The vehicle is totaled and i doubt we will get what is owed on it, the employee has several weeks left of payments towrd a loan we gave him. I do so appreciate you taking the time to reply to my thread. I had such doubt going online with this.

          Comment


          • #6
            You should report this to your work comp carrier; it may or may not be subrogated to the auto insurance insurer.

            You may be able to sue him for negligence, but it's going to cost you and you may get very little or nothing. Not saying don't ask an attorney, but I wouldn't be overly optimistic.


            Regarding the loan, did this guy sign an document authorizing you to deduct periodic payments from his pay? Did the document specify what would happen to any outstanding balance should he terminate before it was paid off?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              we only have three employees, in SC at four or more oyu have to carry Workers Comp. We tried to carry it but it cost so much we ghad to drop it in December. Go figure.
              I have tried so hard to run everything by the book, but no he didnt have paperwork regarding the total of the loan simply becuase he would keep tacking on 20 bucks here 40 there, I just kept tabs on it.
              My biggest question is wether I can legally fire him for this. He has not only totaled a car but eleiminated a position. We wont recieve any money over the amount of the loan on the car. I can't afford to work him in the shop b/c he would not be bringing in income. Not so worried about the bills, or loans, ready to cut my losses on that aspect. Thank you again for your repsonses. I felt so fortunate to find this site.

              Comment


              • #8
                Absolutely, you can fire him for this. And I would. Regarding his loans, I would draft a repayment agreement and if he doesn't meet the agreement, you'll have something to go to court with. You should be able to find some generic documents on the Internet.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment

                The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                Working...
                X