Legal Question in Employment Law in California
Docked wages for accident
I am an auto mechanic at a delearship. While I was at work and on the clock, I was working on a customer's van's brakes. After I did the repair I put the van in reverse and began to drive it to test the brakes. Unfortunatly, I did not do the repair correctly and when I hit the brakes, the van did not stop. I hit another customer's truck. The total damage for both vehicles is estimated to be $4,800. The dealership I work for has an insurance policy with a deductable of $5,000. My boss has decided not to notify the insurance company and has demanded that I pay the $4,800. He originally asked me to pay the entire amount up front, but since I don't have that much money, he has decided to take it out of my paychecks. I have not given him any kind of permission to do this. There is a written company policy that says in the event of an accident, an employee may be tested for drugs. That's all the company policy says about accidents. I was not tested for drugs by my employer and am not on drugs. Is it legal for my employer to take the cost of the accident out of my paycheck?
2 Answers from Attorneys
Re: Docked wages for accident
Employees are not normally liable for damages like this, unless it was done intentionally. They can't make you pay for it, but they can fire you for causing it. HOWEVER, if they fire you for refusing to pay the amount, you may have a wrongful termination claim of interest to me. Try to get them to put it in writing; if they don't, then it is your word versus theirs as to the reason for firing. Contact me if that happens and you are interested in pursuing.
Re: Docked wages for accident
In my opinion, no. You should seek redress through the labor board or hire a lawyer to help you with this. Feel free to contact me with any further questions-Martin