Legal Question in Employment Law in Maryland

Re: Company proceeding improperly?

First, sorry to hear about the unfortunate circumstances. I hope everything worked out.

Second, assuming there is no contract or handbook provision that allows the employer to bill you (doubtful, but check your handbook if you have one), there is no right to bill you in this situation. (And they can not garnish your paycheck, either.) In other words, nothing gives the employer an automatic right to recover some or all of its costs. However, they might be able to recover some or all of their costs if they sue you.

There is no black and white answer to whether they would win such a suit. Generally, one is allowed to sue and recover from another when one suffers damages because of the other's conduct. Thus, the employer would argue that it suffered the costs of impoundment plus the consequential damages of time spent by the owner and son. It is more likely that you would have to pay the impound costs than the time costs, if anything at all, if there was a trial.

But it seems to me you are being billed unfairly because this was an arrest situation. One analogy is having a car accident in a company car. Generally, the company's insurance pays and the employee is not billed. In general, company's do not charge their employees when costs related to employment occur. So, if you are being billed because this was an arrest situation, that is discriminatory unless the company always bills every employee for all employment-related costs.

This can become very complicated so the best way to deal with it may be to offer a compromise. Whether the arrest was proper or not, it is your situation that led to it, and thus to the impound costs. You might consider offering to pay for the impound and car-related costs, but not for the owner and his father's time.

If that does not work, you can refuse to pay, but I would not be surprised if they fire you. Then you would have to bring an EEOC discrimination suit and probably sue in federal court eventually - way too costly and time-consuming.

So whatever you do, I think it is best to do it diplomatically, civilly and calmly, always with an eye on retaining good relations and keeping your job. (Unless you can get another one easily.) Try to have a reasonable conversation with someone in authority who can reach a deal with you, if you are of a mind to compromise. If not, you can refuse to pay, but expect the worst.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.