Can the owner of a trucking company force a driver to pay half the repair bill and deduct money from their paycheck because his truck broke down?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the owner of a trucking company force a driver to pay half the repair bill and deduct money from their paycheck because his truck broke down?
I am a truck driver currently working for an OTR company in the midwest. A few weeks ago up my clutch an transmission went out. After I got it down to the shop my employer got my clutch an transmission fixed. However, the owner told me that he was going to take $75 out of my paycheck every week and that I had to pay half because of the clutch and transmission going out. The owner said it was my fault. Can they legally do this? And if this is illegal. what actions can I take?
Asked on June 26, 2012 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) An employer may not take money from an employee's paycheck without either the employee's consent (agreement) or accept as required by law (such as FICA; or court-ordered wage garnishment).
2) An employee does not have to pay for repairs unless either a) there was an employment contract in which the employee agreed to pay these costs; or b) the employer can show that the damage was in fact due to the employee's fault--that is, his or her negligence (carelessness) or deliberate wrongful act. If the employee disagrees and doesn't want to pay, the employer could fire him or her, or sue him or her (in which case the employer would have to prove fault to win the case), but still can't simply take the money out of pay.
3) If the employer takes or withholds money unlawfully, you could sue him or her to get the money back, including possibly in small claims court. That could expose you to adverse consequences, so it's not clearr that this is always the right thing to do.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.