Can an used car dealership employer in VA garnish wages for a car deductible?

UPDATED: Sep 30, 2022

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Can an used car dealership employer in VA garnish wages for a car deductible?

Employer is primarily commissioned based only receiving
100 week. Then he gets paid 100 for every car sold
and 50 for each sold warranty. He was taking one of
the sellable cars for gas when he had an accident. Not
a bad ones though. But insurance found him at fault and
today his boss told him he got their sellable car
repaired and had to pay 10000.00 deductible which he
said would be taken out of any money the employee makes
from this point forward until it is paid in full.
Question is Is the employer allowed to do this?

Asked on August 25, 2016 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An employer may NOT garnish or take any amounts out of an employee's wages other than as required by law (e.g. court-ordered garnishment for child support) or as consented (agreed) to by the employee (e.g. deductions for health insurance, if the employer provides same).
However, if an employee negligently damages the employer's property--for example, drives carelessly and has an accident--the employee is liable for the damage or costs he causes, such as the deductible. If he won't pay, the employer could sue him for the money; they could also certainly terminate him for costing them money.

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 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.

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