Can an employer withold a paycheck due to an accident with the company vehicle?
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Can an employer withold a paycheck due to an accident with the company vehicle?
My fiance quit his job 5 days ago. Then yesterday, he received a text message from his ex-employer threatening to withhold his check to cover damages to a work vehicle that was involved in an accident a little near a year ago. Neither driver filed a claim with either insurance company. Now since my fiance has quit. His boss is suing him to repair the vehicle.
Asked on June 14, 2019 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) Can the employer withhold a paycheck for an accident in a company vehicle? No: the law is very clear that even if an employee might owe the employer money (see below), the employer still has to pay the employee for all work he did. There is no withholding from or of paychecks (other than tax withholding) without employee consent or a court order (such as for wage garnishment). Your fiance could either contact the state department of labor to file a complaint or sue (such as in small claims court) for the money.
2) If your fiance was at fault in causing the accident--driving carelessly at the time, such as by texting or otherwise driving distractedly, speeding, going through a stop light or sign, etc.--then he is liable for the damage he did and the employer could sue him for the repair costs. To win, they'll have to prove his fault in court.
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