# Employee Responsible for Truck Damages??



## G.Landscape

So basically the crew came back from work today and unloaded the truck (Ford 550 Dump), the one laborer went to go park the truck and backed into our Tri-Axle How the F*** do you not see a tri-axle truck?

Anyway the Laborer was told (When he was hired in the spring) that he is not allowed to drive the trucks because of a past driving record but felt it was ok to drive around our lot. 

Just Curious how you would deal with the situation. Not sure how much repair are going to be, but the truck needs a new grill and we will have to see what kind of damage is done to the radiator on Monday.


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## grandview

Most of the time you can't make an employee pay for damages ,might be able to dump for not following the rules ,but it has to be in the employee hand book or somewhere written down and singed by him.


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## Longae29

You are going to have a tough time legally "making him pay"

Sounds like you were the one driving the truck if theres enough damage......


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## swtiih

Either you eat the cost or insurance. Employees aren't liable for something like that. If he has no license your insurance probably won't cover it either.


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## forbidden

Give him a written warning about driving the truck when he is not permitted to. 2 more warning and can his butt before it costs you some real $.


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## snowplowchick

Wow. Sounds like he is the same guy we had a month ago who had no license, and did the exact same thing(but thousands in damage) in our yard.


Good thing it wasn't a person. Write him up if you are going to play by the "3 strikes you are out rule".


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## TLB

I agree with the three strikes too, if they were told about this when they were hired.


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## Moonlighter

Make an employee handbook up, have all the employees read them and sign them, then you can do whatever you have ruled in the book. Don't let him ever drive again anywhere.


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## rebelplow

So what happens when the laborer is shoveling on a customer property, and then misses a tiny spot with salt when he's done. Then someone slips on the tiny spot that was missed with the salt. Are you going to try and hold the laborer responsible for that too?


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## G.Landscape

rebelplow;1374505 said:


> So what happens when the laborer is shoveling on a customer property, and then misses a tiny spot with salt when he's done. Then someone slips on the tiny spot that was missed with the salt. Are you going to try and hold the laborer responsible for that too?


I don't this how this applies in this situation at all?? Your trying to compare apples to Monkeys....they aren;t even close to the same!

We do have a 3 strike system, so he is definitely getting written up for it. I guess he is getting laid off anyway soon, he was only summer help, we won't need him through the winter, but maybe "we don't have as much work for him as I thought" ......


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## bristolturf

i agree with the others. Write them up for it, make sure he knows about the write up and make him sign it. And after he gets x number of write ups hes gone.


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## goel

Where is the direct supervisor/crew leader in all of this? 

Who's responcibility is the Truck, certainly not the labourer - even though he is at direct fault for causing the damage?


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## gardenkeeper88

G.Landscape;1373930 said:


> So basically the crew came back from work today and unloaded the truck (Ford 550 Dump), the one laborer went to go park the truck and backed into our Tri-Axle How the F*** do you not see a tri-axle truck?
> 
> Anyway the Laborer was told (When he was hired in the spring) that he is not allowed to drive the trucks because of a past driving record but felt it was ok to drive around our lot.
> 
> Just Curious how you would deal with the situation. Not sure how much repair are going to be, but the truck needs a new grill and we will have to see what kind of damage is done to the radiator on Monday.


Noticed I highlighted backed. Where was his spotter. Not all of my employees have as much experience backing around other equipment. Yes you should be able to see a tri axle. What was his training on driving the truck around the yard? we have a policy NO backing @ the shop OR job site with out a spotter. Do they sometimes back the pickup at the shop without a spotter yes but If I see them They do get a new training session. IN my office.


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## SSS Inc.

We have found its better to hire people with clean driving records regardless of their position. I think you'll just have to eat this one.



gardenkeeper88;1375667 said:


> we have a policy NO backing @ the shop OR job site with out a spotter. Do they sometimes back the pickup at the shop without a spotter yes but If I see them They do get a new training session. IN my office.


 Are you serious? I can't imagine having a spotter for every truck we back into our yard or jobs. Sounds to me like you need some better drivers. While safety is of the greatest importance and a handful of situations may require a spotter, a good driver should have no issue with backing a truck up especially a pickup. What do you do when plowing?


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## G.Landscape

SSS Inc.;1375963 said:


> We have found its better to hire people with clean driving records regardless of their position. I think you'll just have to eat this one.


Yea, usually not having a driving license is a sign of a bad employee. Shows a certain level of responsibility and care. But in this case he has been a pretty decent labourer, better then some with a drivers license in this case.

And yea, I am not going to have a spotter required every time someone backs up a truck. This is only the second time I have had someone back into something in 3 years, the last one was a mailbox

btw we do have a handbook, but doesn't really cover this situation. I might have to right something in. Maybe something like if using a piece of equipment you are not authorized to use you are responsible for damages.


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## G.Landscape

goel;1374998 said:


> Where is the direct supervisor/crew leader in all of this?
> 
> Who's responcibility is the Truck, certainly not the labourer - even though he is at direct fault for causing the damage?


The foreman is responsible for the truck, and he was in the shop. Two labourers were dealing with the truck, the other labourer is allowed to drive...I don't know why he wasn't.


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## mike thunder

He proved that he is not a responsible driver, so you told him that he wasn't allowed to drive your trucks, which is the responsible thing to do. He drove it anyway, which is called stealing. He stole your truck and crashed it, either he pays or goes to jail. I hope i don't have to say that he should have been fired on the spot. If you didn't, do it immediately. If he doesn't pay follow through with filing the police report and pressing charges. If he has pay coming to him keep it and take it off the repair bill. He committed a crime and you are entilted to restitution for your loss. If you have insurance you may be entilted to only your deductible if your policy covers theft. Once he was prosecuted your insurance company would most likely require your assistance (deposition) in suing him to get their money back.
It's ridiculous to suggest that anyone other then the criminal is at fault for stealing and crashing the truck.


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## mulcahy mowing

mike thunder;1376055 said:


> He proved that he is not a responsible driver, so you told him that he wasn't allowed to drive your trucks, which is the responsible thing to do. He drove it anyway, which is called stealing. He stole your truck and crashed it, either he pays or goes to jail. I hope i don't have to say that he should have been fired on the spot. If you didn't, do it immediately. If he doesn't pay follow through with filing the police report and pressing charges. If he has pay coming to him keep it and take it off the repair bill. He committed a crime and you are entilted to restitution for your loss. If you have insurance you may be entilted to only your deductible if your policy covers theft. Once he was prosecuted your insurance company would most likely require your assistance (deposition) in suing him to get their money back.
> It's ridiculous to suggest that anyone other then the criminal is at fault for stealing and crashing the truck.


That has to be the most ludacris thing I have ever heard. be a businessman about it warn the employee about not doing it again. Then eat it up and take it like a man. write it off as a cost of doing business.


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## Dissociative

i dunno......i agree....if he was told NO driving....then keep the deductible from your insurance or the damages what ever is less....

If someone jumped in my truck after being told not to and wrecked it.....DAMN RIGHT...they pay..


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## mike thunder

He was already warned mulcahy. The warning was when he was told he can't drive company vehicles! Whats a guy got to do to be fired around your shop?


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## grandview

mike thunder;1376055 said:


> He proved that he is not a responsible driver, so you told him that he wasn't allowed to drive your trucks, which is the responsible thing to do. He drove it anyway, which is called stealing. He stole your truck and crashed it, either he pays or goes to jail. I hope i don't have to say that he should have been fired on the spot. If you didn't, do it immediately. If he doesn't pay follow through with filing the police report and pressing charges. If he has pay coming to him keep it and take it off the repair bill. He committed a crime and you are entilted to restitution for your loss. If you have insurance you may be entilted to only your deductible if your policy covers theft. Once he was prosecuted your insurance company would most likely require your assistance (deposition) in suing him to get their money back.
> It's ridiculous to suggest that anyone other then the criminal is at fault for stealing and crashing the truck.





Dissociative;1376310 said:


> i dunno......i agree....if he was told NO driving....then keep the deductible from your insurance or the damages what ever is less....
> 
> If someone jumped in my truck after being told not to and wrecked it.....DAMN RIGHT...they pay..


That's the way it should be. But even if i did that after being told not to and still did it and you tried something like that. I would have a lawyer or the dept of labor on you and more then likely the fine to the owner will be bigger then the cost of the damages.


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## mike thunder

If the he lawyered up or filed a complaint with the d.o.l Grandview, I'd send them the police report documenting the theft of a company vehicle and the subsequent crash. Victim's don't get prosecuted, criminals do. If the kid wants to get off easy he'll pay your costs, then drop it and never look back.


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## grandview

Making Employees Pay for Damaged Company Property
Many employers have a policy requiring employees to reimburse for damage to company property, usually through payroll deductions or a deduction from the employee's final paycheck. These policies generally reflect employers' legitimate concerns about lost revenue resulting from employees' negligent or willful misconduct. From an employer's viewpoint, such policies are a matter of security and fairness, particularly when reimbursement is required only for intentional misconduct or damage resulting from unauthorized use of company property.

In general, an employer may not deduct for cash shortage, breakage, or equipment loss unless caused by the employee's gross negligence, or dishonest or willful act. However, an employer may deduct from a final paycheck the cost of a uniform, tools, or equipment not returned by a terminated employee within a reasonable time, if the employee gave the employer prior, written authorization to do so and if the employer can show that the employee committed theft or was negligently responsible for the loss.

Under the federal Fair Labor Standards Act (FLSA), a deduction for loss or damage may be made if two conditions are met:
• The employee signed a written agreement prior to the shortage (at the start of employment or when the policy related to deductions is adopted) by which he or she agrees to such a deduction; and
• The deduction does not bring the employee's hourly rate below the minimum wage.

While employers may be limited or prohibited from deducting from employees' paychecks for loss or damage to company property, they can take other affirmative steps to limit their losses from employee negligence or willful misconduct.
• Discipline. If an employee causes damage or loss because of poor performance, the employee should be subject to discipline in the same manner as employees with other performance issues.
• Termination. In the absence of a collective bargaining agreement or other employment contract, employees can generally be terminated at the will of the employer. Employers should include a provision in their discipline policies reserving the right to impose discipline, up to and including termination, in any situation they deem appropriate. Willful or intentional misuse of company property resulting in significant loss could be grounds for immediate termination.
• Civil Suit. Employers can file a civil suit or make a claim in small claims court to recoup the money owed for the loss or damage.
Thus, before implementing such a policy or executing an agreement with an employee to authorize payroll deductions for damage or loss to company property, employers should be aware that many states and the federal government have laws restricting or even prohibiting an employer's ability to make such payroll deductions.


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## mike thunder

I now understand why you commented on him filing a complaint or calling a lawyer. I didn't make myself clear when I said " if he has pay coming keep it and take it off the repair bill". I wrote that out of context. I was referring to keeping the money as part of the agreement with the kid to pay the damages to stay out of jail. I apologize for any confusion i caused.


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## grandview

Unfortunately being a dumb ass and criminal thing are 2 different things.


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## kimber750

WOW, some of you guys are tough. It was an accident, I am sure he did not try to back into the other vehicle. He was most likely just trying to help and some of you want to send make him pay or send him to prison for a mistake. 

Yes, you told him not to drive your vehicle, but unless you have a statement to that affect signed by the employee most likely any lawsuit would be thrown out. If you would happen to win just imagine they effect it would have on your other employees. Would you want to have to worry about being sued if you made a mistake by your boss, if you have a boss? 

I would chalk it up as lesson learned and by thankful that no one was hurt. Add something to your handbook to protect yourself if the same thing comes up again. Our rental leases are always evolving as we learn and been in the rental business for over 10 years. Trust me, I have learned from some very expensive lessons. :salute:


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## Leanworks

kimber750;1376424 said:


> WOW, some of you guys are tough. It was an accident, I am sure he did not try to back into the other vehicle. He was most likely just trying to help and some of you want to send make him pay or send him to prison for a mistake.


I agree. Pay for the grill and get on with life and, ensure this guy understands not to drive. If it's better to train a new guy and more economically feasible then let him go by all means as you have the warrant to do so but, in no way from where I sit as a reader is he a terrible employee. In fact, his over exuberance at getting the job done could in some circles be considered an asset.

As for making him pay anything, did you pay him contractor wages and he had his own insurance to hit up? If not, he is your own liability and as such, your own personnel caused damage to your own equipment and, it's your problem, not his. 'Tis why you get the big bucks and he the little.

In my opinion, the only decision you have to make is whether to keep him on or, fire him and then go through the painful gestation period of hiring another and training same.


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## Mackman

gardenkeeper88;1375667 said:


> Noticed I highlighted backed. Where was his spotter. Not all of my employees have as much experience backing around other equipment. Yes you should be able to see a tri axle. What was his training on driving the truck around the yard? we have a policy NO backing @ the shop OR job site with out a spotter. Do they sometimes back the pickup at the shop without a spotter yes but If I see them They do get a new training session. IN my office.


LOL good thing you dont own a trucking company. What would you do send a driver and spotter in the truck together.

If you need a spotter you shouldnt be driving. Easy as that.


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## G.Landscape

So the mechanic looked at it this morning, repair are approx $3800. That's new grill new rad and some other piece I can't remember. Deductible on these trucks is $5000 so looks like we are paying for the repair. Employee is let go, and we all learned a good lesson. 

We could probably push it with what you guys said about all your theft and small claims court but it wouldn't be worth it in the long run, and lets be honest I am not going to put the kid in jail. haha


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## snowplowchick

Good call on letting him go. Anyone who, when driving in the yard, cannot "feel" that they hit the other truck to the point that it went so far as to ruin the rad, is brainless. Imagine if it was a person they didn't see. Can you imagine how much more expensive it could have been.

I can understand having spotters for a triaxle dump, but this is a 3 ton truck he is talking about.


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## Pristine PM ltd

We had a guy last winter, move an employees car, and then proceed to back his loader into it, did about a $1000 in damage. We paid the one employee and took the money slowly off the other employee's pay. He moved the car... then backed into it... it may not be to the letter of the law, but there was no way we were paying for it, and they agreed with the resolution. Fair is fair is fair.


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## mark268

I believe you have several options. Immediate termination, Write up, Deduct the damage amount from his pay, Nothing at all? You may want to speak with your attorney. Quite possible, if you feel he was being negligent, you can file a civil tort against him for the damages. As for the driving without a license, not sure of your state laws, but Indiana... you do not need one to drive on private property.


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## mpgall26

What happened to the good old days where you could just punch him in the face. The world was easier.


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## Mackman

mpgall26;1392184 said:


> What happened to the good old days where you could just punch him in the face. The world was easier.


Funny story. Right out of high school i was a helper on an oil truck. Pulled the hoses and what not. Another helper on another oil truck got caught stealing cash from the driver. When the owner found out he called the guy out side. Punch him right in the mouth. lol Thats what you get. But that was stealing. A whole another story then this.


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## kimber750

mpgall26;1392184 said:


> What happened to the good old days where you could just punch him in the face. The world was easier.


Can't get away with that anymore. Had a friend that was leaving a bar, he was almost out the door when another came up and got in his face. My friend punched him and kncoked him out. My friend spent a year in jail. He had no priors. Make sure you think before you swing. Thumbs Up


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## G.Landscape

The final choice was just let him go, and we will pay for the damages. We are going to be reviewing our employee handbook over the winter not just for this situation but for other minor issues we have been having. I take it as lessons learned that we should have had things more clearly laid out and in the future hopefully we won't have such issues.


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## zak406

if he knew he wasnt allowed to move the truck, then why did the other two dick head employees let him move it? Sounds like to me you have other problems onyour hands.


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## Joe D

mike thunder;1376055 said:


> He proved that he is not a responsible driver, so you told him that he wasn't allowed to drive your trucks, which is the responsible thing to do. He drove it anyway, which is called stealing. He stole your truck and crashed it, either he pays or goes to jail. I hope i don't have to say that he should have been fired on the spot. If you didn't, do it immediately. If he doesn't pay follow through with filing the police report and pressing charges. If he has pay coming to him keep it and take it off the repair bill. He committed a crime and you are entilted to restitution for your loss. If you have insurance you may be entilted to only your deductible if your policy covers theft. Once he was prosecuted your insurance company would most likely require your assistance (deposition) in suing him to get their money back.
> It's ridiculous to suggest that anyone other then the criminal is at fault for stealing and crashing the truck.


This is a very stupid way to react to the situation. 
1st off he did not steal the truck, he is an employee. Your living in fantasy island if you think any of the crap you posted would hold up in court.
If the employee is a great employee you list it as a lesson learned and a note in his file, if he sucks write him up and fire him.


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## Joe D

G.Landscape;1392216 said:


> The final choice was just let him go, and we will pay for the damages. We are going to be reviewing our employee handbook over the winter not just for this situation but for other minor issues we have been having. I take it as lessons learned that we should have had things more clearly laid out and in the future hopefully we won't have such issues.


That sounds like a good solution to preventing this from happening again. Live and learn right


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## Scottscape

I have guys break crap all the time. If they don't tell me about it and I find out, there fired. Usually its small stuff. If an employee isn't allowed to use a certain tool or in your case drive a truck then yes they will have to pay for damages. I am fair though and I haven't had to make an employee pay for damages in a long time. 

Another company here in Columbus had an employee with no drivers licenses however the employer knew it and allowed them to drive there truck. Well the employee just so happend to wreck and flip the truck by hitting a rock in an apartment complex (it was a larger truck). The employee was aware that the police were being called and fled the accident. The insurance company told the employer that if they did not file charges against the employee then they were not covering the damages which were pretty excessive. Well guess what, the employer did just so that. So whos the scum bucket? The employee or employer? I'm pointing my finger at the employer.


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## BOSS LAWN

G.Landscape;1373930 said:


> So basically the crew came back from work today and unloaded the truck (Ford 550 Dump), the one laborer went to go park the truck and backed into our Tri-Axle How the F*** do you not see a tri-axle truck?
> 
> Anyway the Laborer was told (When he was hired in the spring) that he is not allowed to drive the trucks because of a past driving record but felt it was ok to drive around our lot.
> 
> Just Curious how you would deal with the situation. Not sure how much repair are going to be, but the truck needs a new grill and we will have to see what kind of damage is done to the radiator on Monday.


Stuff happens, if it happened once let it go with a FIRM warning.If there is a second time, make the employee pay for the repair.


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## SnowGuy73

Write him up (written warning that goes in his file), and then make an example out of him so the other employees know you mean what you say when you say it.


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## BSDeality

just want to provide a little side story here about truck damages and employees, I have nice sour taste in my mouth from a very real and recent example.

I hired a guy in the summer to replace a crew leader, well first week on the job, newbie can-open's a car pulling the box truck out of the parking spot in a plaza. Comes to me and tells me what he did, which I was grateful for. Rather that than getting a phone call from the cops after they review security footage. Even though I was grateful, I was furious about his neglect, we're talking about a 14' box truck, not a 52' box trailer here. I was about to fire him on the spot and should have listened to my gut. 

He begged me to keep him to prove he was a good employee and it was just an accident and he wanted to pay for the damages since he was so careless. He really didn't want it on his drivers license (which i suspect had some complications on it). Fine, got a waiver signed from the owner of the car he hit saying $1800 would be cash value for the damage after getting estimates from 3 body shops. The deal was he would work off the damage for the remainder of the season, ie just short his pay. Well, i ended up firing him in october for non performance and other damage he was causing directly or not reporting to me as a supervisor.

Fast forward 6 weeks and department of labor is knocking on my door wanting to know why I shorted his pay. explained he begged and pleaded to keep his job and in exchange pay off the damage. You cannot, at almost any time make an employee pay for damages. Spoke to my lawyer to confirm i was out $1800 for damages on top of having to pay this scumbag 1800 in back wages. 

My lawyer told me that basically, even with him writing up an agreement, it still probably wouldn't have held up in court to flat out pay for damages. Hes started to tell me there are more creative ways to accomplish the same goal, but you have to lay it all out in a handbook ahead of time. The best way is to reduce pay-rate due to poor performance in the work place. you can raise them back to full pay when they've "completed retraining" and have shown signs of improved work ethic. If I ever go back to having employee's i'm going to have to look into this further.


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## SteveR

If he thought it was OK this time he has probably done it before or you did not make it clear when you hired him that it was NEVER OK. I think some where either you or his supervisor hold a little blame for not being clear on your expectations and need to clarify them, or this guy is not bright enough to get it and he needs to be freed up to find other employment.


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## edgeair

BSDeality;1424697 said:


> just want to provide a little side story here about truck damages and employees, I have nice sour taste in my mouth from a very real and recent example.
> 
> I hired a guy in the summer to replace a crew leader, well first week on the job, newbie can-open's a car pulling the box truck out of the parking spot in a plaza. Comes to me and tells me what he did, which I was grateful for. Rather that than getting a phone call from the cops after they review security footage. Even though I was grateful, I was furious about his neglect, we're talking about a 14' box truck, not a 52' box trailer here. I was about to fire him on the spot and should have listened to my gut.
> 
> He begged me to keep him to prove he was a good employee and it was just an accident and he wanted to pay for the damages since he was so careless. He really didn't want it on his drivers license (which i suspect had some complications on it). Fine, got a waiver signed from the owner of the car he hit saying $1800 would be cash value for the damage after getting estimates from 3 body shops. The deal was he would work off the damage for the remainder of the season, ie just short his pay. Well, i ended up firing him in october for non performance and other damage he was causing directly or not reporting to me as a supervisor.
> 
> Fast forward 6 weeks and department of labor is knocking on my door wanting to know why I shorted his pay. explained he begged and pleaded to keep his job and in exchange pay off the damage. You cannot, at almost any time make an employee pay for damages. Spoke to my lawyer to confirm i was out $1800 for damages on top of having to pay this scumbag 1800 in back wages.
> 
> My lawyer told me that basically, even with him writing up an agreement, it still probably wouldn't have held up in court to flat out pay for damages. Hes started to tell me there are more creative ways to accomplish the same goal, but you have to lay it all out in a handbook ahead of time. The best way is to reduce pay-rate due to poor performance in the work place. you can raise them back to full pay when they've "completed retraining" and have shown signs of improved work ethic. If I ever go back to having employee's i'm going to have to look into this further.


That sucks. This kind of thing happens all too frequently.

Why is it that the labor board always gives employees free legal help, but never offer the business owner the time of day?

I am a big believer that those who cause damage should be responsible for those actions/damages, wether they are an employee, employer, janitor, farmer, king of mozambique or the queen herself. Where in this world did we ever come up with this theory that an employer should suck EVERYTHING up - (damage, lost work, lost customers, etc etc).


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## Mackman

edgeair;1425253 said:


> . Where in this world did we ever come up with this theory that an employer should suck EVERYTHING up - (damage, lost work, lost customers, etc etc).


Because you OWN everything as an employer. The only thing you can do is try to hire only the BEST. It will really cut down on the damage. Plus as an employer you have to understand. No one is perfect and accidents do happen. When people work stuff happens.

Im in the trucking business. When you drive a truck 8hrs+ a day every day. Something will happen sooner or later. Just how it goes. Now if the driver is having problems week after week. Then get rid of him and replace him.


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## edgeair

Mackman;1425407 said:


> Because you OWN everything as an employer. The only thing you can do is try to hire only the BEST. It will really cut down on the damage. Plus as an employer you have to understand. No one is perfect and accidents do happen. When people work stuff happens.
> 
> Im in the trucking business. When you drive a truck 8hrs+ a day every day. Something will happen sooner or later. Just how it goes. Now if the driver is having problems week after week. Then get rid of him and replace him.


Spoken like a true bureaucrat. You can hire the best, but if they are negligent they should be responsible for their actions. If you don't, then they will just do it again to the next employer because they know they can get away with it.

You would be responsible if you pranged your truck that you drive (I assume its your truck), so why shouldn't a guy that is an employee? Whats the difference? If anything, the employee should be held to a higher standard of respecting someone else's equipment.

The issue here and in most cases is, the employer can hire the best etc. but cannot control every action of this guy. This guy in the OP jumped into a truck he was not authorized to run and damaged stuff due to his own negligence. In the rest of the world other than as an employee, this guy would be responsible. I fail to see any logic that makes this guy not responsible just because he was on the clock at the time.

I am all for compiling an employee manual that holds some weight against these bogus labor board interferences. Who's got a good lawyer for this sort of thing, maybe we can split the cost. It will be cheaper than the next time an employee gets away scot free.


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## oneoldsap

If I may offer one little side note here . Employees are like anything else you buy . You get what you pay for !


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## edgeair

oneoldsap;1425421 said:


> If I may offer one little side note here . Employees are like anything else you buy . You get what you pay for !


Ah yes, that can be true also. Only problem is, an employee is a human being.


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## SnowGuy73

oneoldsap;1425421 said:


> If I may offer one little side note here . Employees are like anything else you buy . You get what you pay for !


True that! :salute:


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## <Benchmark>

ok i have read some but not all comments. If were my employee i would have him pay deductible or nothing at all. I would much rather have a guy that is willing to get out there and do something and get it done than a guy that sits around and says well guess the truck is gonna stay there. He was trying to help and made a mistake we have all done it.


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## mcwlandscaping

Mackman;1425407 said:


> Because you OWN everything as an employer. The only thing you can do is try to hire only the BEST. It will really cut down on the damage. Plus as an employer you have to understand. No one is perfect and accidents do happen. When people work stuff happens.
> 
> Im in the trucking business. When you drive a truck 8hrs+ a day every day. Something will happen sooner or later. Just how it goes. Now if the driver is having problems week after week. Then get rid of him and replace him.


I agree, as a business owner, employees are just another risk of entrepreneurship...either do it right and reap the rewards or handle being an employer incorrectly and be in a world of hurt. It takes A LOT of pre-planning before a company is truly ready to take on employees. While it may not be feasible or practical to do EVERYTHING that an employer should do before hiring anyone, there is a lot to be done to cover the basics that overall cover the employers a** but also create a good work environment for an employee to flourish.

Negligence and accidents are two totally different things as well. As BSD mentioned using an example, having the correct employee handbook and practices in place before something happens is incredibly important. He luckily had an employee that, despite the reasons, wanted to take responsibility for his actions. It needs to be recognized though that while this was a case of negligence, accidents do happen to. If you tell a guy to go move that $55,000 whatever, and something truly accidentally happens, do you follow the same course of action as if the situation was of negligence?? I don't think so


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## Mackman

mcwlandscaping;1428806 said:


> I agree, as a business owner, employees are just another risk of entrepreneurship...either do it right and reap the rewards or handle being an employer incorrectly and be in a world of hurt. It takes A LOT of pre-planning before a company is truly ready to take on employees. While it may not be feasible or practical to do EVERYTHING that an employer should do before hiring anyone, there is a lot to be done to cover the basics that overall cover the employers a** but also create a good work environment for an employee to flourish.
> 
> Negligence and accidents are two totally different things as well. As BSD mentioned using an example, having the correct employee handbook and practices in place before something happens is incredibly important. He luckily had an employee that, despite the reasons, wanted to take responsibility for his actions. It needs to be recognized though that while this was a case of negligence, accidents do happen to. If you tell a guy to go move that $55,000 whatever, and something truly accidentally happens, do you follow the same course of action as if the situation was of negligence?? I don't think so


Good Post. I agree with you 100%. But the problem is i dont think the labor board knows what negligence is. Everything is an accident to them. Thats the problem.


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## kg26

Longae29;1373944 said:


> You are going to have a tough time legally "making him pay"
> 
> Sounds like you were the one driving the truck if theres enough damage......


I see what you did there...Thumbs Up


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## scott3430

edgeair;1425510 said:


> Ah yes, that can be true also. Only problem is, an employee is a human being.


This Is a good point!


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