Legal Question in Employment Law in California

Employer Insurance claim

If you are in a company owned vehicle and you damage property can the employer make you pay the deductable? The only reason you were named at fault was due to a lack of proper equipment on the company vehicle. The company knowingly has a lack of equipment on most of there vehicles. There was no company policy signed that they could take money from you or your paycheck should anything ever be damaged. What would be the best action in this situation?


Asked on 9/02/04, 11:44 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employer Insurance claim

Employers cannot require an employee to pay for any damage they cause, unless it was either intentional or grossly negligent. If the damage was simply caused by an accident, it is considered a risk that the employer must absorb. You could, however, be disciplined for causing the damage.

Write a carefully worded letter to the employer asking for the money they took from you. If that doesn't work, you can file a claim with the California Labor Commissioner, or see an employment law attorney about other options.

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Answered on 9/07/04, 6:35 pm


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