What say you jury of the WERA court?

Young lady works for a small company.
She's one of his best employees garnering both praise and small bonuses such as her lunches being picked up.
On one of her last days of work for this company she wrecks the company truck (a truck that she drives in the course of her duties) by sliding on a rain covered street and hitting a curb, knocking off the hub.
Both the tow truck driver AND the employer tell her that "it was an accident" and "probably unavoidable" and "just glad she didn't get hurt". Everyone agrees she wasn't reckless or careless.

So.

Couple of weeks later, young lady has moved on to new job but it's time for payday at the old one. However, old employer is no where to be found. Phone calls and texts are first avoided, then answered but excuses given, then blame for the wreck and "do you know how much I gotta spend?" and then ignored again.

Amount in question: $381. Not a lot to some but would sure cover a set of 209s!

Wimmin driver jokes will of course not be tolerated cause she has the ability to kill me in my sleep if she needs / wants to.

 

depends on how much the paycheck was and what it is going to take to get paid...
sounds like she may be headed to small claims court.

 

If the old employer agreed that she wasn't at fault, then he should pay up.

 

Tell her to put on a neck brace and walk back into the old employer's office.... mumble some stuff about workers comp and then ask for her paycheck.



My bill is in the mail Huey.

 

I say that if the previous employer did not file deduction of pay while still employed, then she is entitled to receive her pay in full. If the previous employer is withholding her pay without cause he can be in some serious trouble with the proper authorities.

 

What kind of cash are we talking?

 

im changing my answer to this.

 

Doesn't matter on the wreck even if she was at fault unless she signed some agreement to pay for anything deemed unusual etc . She needs to contact what is called the Labor Board in Maryland .

 

However, and I know this isn't 'right', but I'd have a hard time leaving any glass in his place of business. I'm usually really easy going, but don't screw with my money.

 

Accidents are covered by vehicle insurance, has nothing to do with a persons payroll.

 

+1...boss is being a douchebag

 

Thats close to what I said and how I operate. I pay for accidents but I don't pay for fuck ups. If I tell you not to do something and you do it well you're buying that!

They weren't partners in this business. He took the risks for the company and will / would profit from it's success as she made her agreed upon wage. She didn't sign up to accept liability of the cost of doing business.

 

just to play devils advocate,there would prolly be a sizeable deductable not mention premium jack up...

 

but deductibles can be. :up:

 

What he said:up:

 

Employers cannot withold compensation for any reason. If so, contact your state labor department.

It's a very basic, but misunderstood wage and hour law. If the previous employers feels as though she is indebted to him for the damage done to the vehicle, it was his responsibility to collect those funds before she left his employ, or made some type of arrangment in which was documented and signed by each party.

The process is long and drawn out, however she eventually can collect. As for the damage to the vehicle, unless there is a specific company rule that she is responsible for it, and in the past ANY employee who worked for that company has been required to pay for damage to company equipment, it's unlikely he would be able to collect.


Cheers...

 

Small Claims.

Should be an easy case, and if he fights it there, call the Labor Board and have them disect the pay scales i.e.:

- Was gas in the truck paid for by the company, or her?
- Was she reimbursed for said gas money?
- Was she paid while in transit for business?
- Etc...

There's a million labor laws employers usually don't even know about, but they are still required to adhere to. If he fights the small claims case for just a paycheck, he could actually be out a considerable amount more.

 

Post his number here.....

 

Actually no, they can't. The deductible is the responsibility of the insurance policy holder which is no way tied to payroll without a court ordered garnishment.