Legal Question in Employment Law in Ohio

withholding pay for damage to vechicles

I am a driver for an ambulette service. At the time of my hiring we were required to sign a paper stating the if we had an accident to the vechicle we had to pay up to a $1500 detuctable.

If damage was done to the vechile, you were told to sign a paper for them to detuct payments for the amount they told you it would be for the vechicle.No statement of what it cost for repairs, just an amount.

If you have two accidents then you were automaticlly fired. And your last two paychecks and your vacation pay would be kept by the employer.

Can they hold us to paying for damages to these vechicles. Especially when no body repair was done to the vechile.


Asked on 9/06/06, 11:45 pm

1 Answer from Attorneys

Eileen Joyce Baughman & Joyce LLC

Re: withholding pay for damage to vechicles

Generally, employers can deduct amounts authorized by the employee only for the benefit of the employee (e.g., union dues, charitable contributions). While employers can deduct amounts for damage to property caused by an employee, the deductions cannot reduce your wage below the minimum wage. Thus, if your employer deducted only the actual repair cost, he would be required to spread out the deductions so that, in any given pay period, your pay, less deductions, is at least at the minimum wage rate. Since the flat rate deduction may be for the employer�s benefit, it may be illegal (and would clearly be illegal if you had not agreed to it in writing) as would the deduction if it reduced your wages below minimum wage.

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Answered on 9/08/06, 7:40 am


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