Employer and insurance

[Newcombe]

My husband was driving a company vehicle when he rolled into another car. The car had minimal damages mostly scratched paint. His boss wants my husband to pay for this out of pocket even though he has money taken out each week for insurance. His boss is refusing to use this insurance because she doesn't want her insurance to rise. We are unsure how to handle the matter and if it goes as far as court would we have a case?

 

[txls]

If the damage is truly minimal, then it probably falls below the deductible. Your husband and the company should have an agreement that states who is responsible for deductibles. Are you sure the insurance that is taken out weekly is auto insurance? I just find that unusual.

If the accident was his fault, he can be required to pay for it( unless he makes minimum wage.) But first you need to know what the vehicle agreement says.

 

[army judge]

My husband was driving a company vehicle when he rolled into another car. The car had minimal damages mostly scratched paint. His boss wants my husband to pay for this out of pocket even though he has money taken out each week for insurance. His boss is refusing to use this insurance because she doesn't want her insurance to rise. We are unsure how to handle the matter and if it goes as far as court would we have a case?

Okay, let's address payroll deductions in Indiana:


Here is a link for the wage and labor agency in YOUR state:

http://www.in.gov/dol/2345.htm


Q: Can my employer make deductions from my paycheck?

A: Indiana law requires three conditions to be met in order for a wage deduction to be valid:

1. Deduction Agreement must be in writing, signed by employee, revocable by the employee with written notice, agreed to in writing by the employer.
2. A copy of the deduction agreement must be delivered to the employer within ten days of its execution.
3. Only certain categories of deductions are allowed, including:

• premiums on an insurance policy obtained for the employee by the employer;
• contributions to a charitable organization;
• purchase price of bonds, securities or stock of the employing company;
• labor union dues;
• purchase price of merchandise sold by the employer to the employee;
• amount of loan made to the employee by the employer;
• contributions of the employee to a hospital service or medical expense plan;
• and payment to an employee's direct deposit account.

Q: Can an employer fine an employee and take it out of his or her paycheck?

A: No. An employer is not permitted under Indiana law to fine an employee and deduct the amount from his/her pay. After an employee receives his/her full check, however, an employer may ask an employee to pay him/her back for loans, goods or services rendered to the employee or for damage to company property. An employer may terminate an employee and/or file a lawsuit for failure to repay these types of debts.

But, if he fails to work this out, he could end up terminated.
As previously asked, are the insurance premiums you mention for auto insurance?

Have you discussed the situation with YOUR insurer?

What are the damages?

If she pays, she can decide to sue him for what she is out of pocket, assuming the accident shows him to be liable, or has any contributory liability.

I suggest he consider working this out, as it appears he was at fault in the accident, going by your limited account of the event.




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[Betty3]

As asked previously, are you sure it is auto ins. premiums that are being taken out of his checks - unusual. However, I guess it could be possible particularly if he does driving as part of his job.