What to do if my employer is deducting from my paychecks without my permission for an accident that I had a work?

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What to do if my employer is deducting from my paychecks without my permission for an accident that I had a work?

I work at a car dealership as a salesman and a few weeks ago got into a minor accident that flattened 2 tires and bent a rim. The company has not given me a copy of the bill and are automatically taking money from my checks even though I have not signed anyything. And I feel like I am being ripped off on the bill and I feel they should not even be allowed to charge me and insurance should be responsible. What should I do?

Asked on February 15, 2013 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you damaged your employer's property and were at fault (e.g. careless or negligent) in doing so, your employer can seek the money for the damage from you--they are not required to either absorb the cost or submit it to insurance. No one is EVER required to put things through their insurance. However, they may not simply deduct or  take money from your paycheck; either you have to agree to let them do this, or they have to sue you for the money, prove your fault in court, and win.

However, you must bear in mind that if you do not have an employment contract, you are an employee at will. That means your employer may fire you at any time, for any reason--including damage his property and not paying for it.


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