Legal Question in Employment Law in Kansas

Small corporation (15) continually has route driver continually coming back from his route well after business hours. We wind up having to pay someone else overtime to have to wait for him so can lock things up. Can we dock the driver's pay to offset the amount we have to pay for the other employee's overtime? Driver has been warned multiple times.


Asked on 2/15/13, 7:40 am

1 Answer from Attorneys
Anthony Smith LawSmith

If the driver consents to the reduction in pay, you may be able to reduce their pay. But, if you do do, you're making it very easy for anyone that is injured by three driver on the triad, to hold the corporation responsible for their injuries, no matter how reckless the diver is personally. You might also have criminal and civil liability for violations of state and federal transportation regulations. Have you tried putting the driver on another route? Perhaps the problem is the route, and not the driver. If you determine that the driver is the problem, you might do better to replace them.

Good luck

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Answered on 2/21/13, 3:59 am


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