Legal Question in Employment Law in California
If an employee who drove our company vehicle got into an accident (hydroplaned into center divider on a rainy day) can the employer charge that employee for the insurance deductable? Employee was not hurt and no one else was involved. I have not had any of our drivers sign anything indicating that they would be responsible for the deductable if it was their fault.
Asked on 2/28/10, 7:05 am
2 Answers from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
No. Employers cannot make employees pay for damage caused by an accident incurred in the course of their employment, even if it was their fault.
Answered on 3/05/10, 9:41 am
Terry A. Nelson
Nelson & Lawless
Employers can not 'fine' employees for damages unless caused by 'gross negligence' or misconduct, not simple mistakes and accidents.
Answered on 3/05/10, 4:13 pm
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