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Help! Company stealing from paycheck!!

Discussion in 'Trucker Legal Advice' started by Skarlette, Dec 11, 2011.

  1. Dec 11, 2011 #1
    Skarlette

    Skarlette Bobtail Member

    14
    3
    Dec 11, 2011
    Interlachen,Florida
    0
    A few months ago my DH picked up a huge generator(8 feet high ,atleast) he chained it and headed straight down the interstate to deliver it.Upon arrival in Miami the receiver didnt have anyway to remove it from the flatbed.Dh was instructed to drive from one side of Miami to the otherside to the airport,where it was unloaded by a very irate receiver(he didnt think he should have to pay extra for a different delivery area).He marked on the bol a small dent in the muffler at the very top of the generator,and Dh left...a few days later the company Dh works for notified him that there was an investigation by his company and he was found at fault and must pay the deductible of $1,000 on the muffler.He wasnt given any proof of or a chance to dispute it.Now they are taking $100 a week out of his paycheck without his consent and without any proof of wrong doing! Is this legal?? Can a company take anything they want out of your paycheck any time they like?
     
    Skarlette, Dec 11, 2011
    Skarlette, Dec 11, 2011
    #1
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  3. Dec 11, 2011 #2
    passingthru69

    passingthru69 Road Train Member

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    davenport,Ia / ratchaburi, thailand
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    First mistake was leaving the offload site without calling his company.
    Next thing is would be to take pics. of the said damage.
    Now as for them taking money out of his check, did he sign any paperwork when hired stating they could do this?
    Remember to read all the rules when hiring on to a company.

    If there is nothing in the rules he signed then fight to get the money back, but be prepared for crap runs and start looking for an new job.
    Might be tough with damage claim though.
     
    passingthru69, Dec 11, 2011
    passingthru69, Dec 11, 2011
    #2
  4. Dec 11, 2011 #3
    RickG

    RickG Road Train Member

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    Owensboro , KY
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    Federal law. Under the federal Fair Labor Standards Act (FLSA), a deduction for loss or damage may be made if two conditions are met:

    The employee signed a written agreement prior to the shortage (at the start of employment or when the policy related to deductions is adopted) by which he or she agrees to such a deduction; and
    The deduction does not bring the employee's hourly rate below the minimum wage.
    http://compensation.blr.com/Compensation-news/Compensation/Deductions-from-Paychecks/Can-You-Make-an-Employee-Pay-for-Damage-to-Company/
     
    RickG, Dec 11, 2011
    RickG, Dec 11, 2011
    #3
  5. Dec 11, 2011 #4
    Skarlette

    Skarlette Bobtail Member

    14
    3
    Dec 11, 2011
    Interlachen,Florida
    0
    Dh signed absolutely nothing. Immediately after this incident a form was enclosed in all drivers paychecks telling them that the drivers would be responsible for all accidents and because of damage and theft,etc..they would start taking $50 a week out of their paychecks to put into an escrow account(500 total)..Dh refused to sign that form..so now they are taking 150 out of each paycheck.
     
    Skarlette, Dec 11, 2011
    Skarlette, Dec 11, 2011
    #4
  7. Dec 11, 2011 #5
    shredfit1

    shredfit1 Road Train Member

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    Nov 24, 2008
    MN
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    He might be ok in this matter... IF, he did in fact mark the damage on the BOL and get the receiving agent to sign off on the BOL... as the damage was listed.

    If this is the case, assuming he has a copy of the BOL( I used to copy all my BOL's when I worked for I guy I thought was on the shady side). If he has a copy of the BOL, tell him to call his company and stop deducting the money from his pay. If they refuse, tell the company what he has(signed BOL) and he would be force to litgate this matter.
     
    shredfit1, Dec 11, 2011
    shredfit1, Dec 11, 2011
    #5
  8. Dec 11, 2011 #6
    shredfit1

    shredfit1 Road Train Member

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    MN
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    They cannot do this, it IS illegal. Get an attorney and be sure to sue for attorney fees as well. Typically a letter from an attorney to the company may be enough to get it to stop and the money they took refunded. If not, go to court and have him find a new job.

    On another note: The shady company I used to work for tried to get me to sign something similar... They sent five or six copies in with my pay check and of course I NEVER signed or returned any of them.... I did keep one for my records...unsigned and then the rest of them were filed in file #13. They finally got the hint and stopped sending them in with my check.... Oh yeah, one of the office girls did call me about it once... and I just laughed out loud about it.... I didn't say yes or no about it... I just laughed... seemed to have worked because they got the hint.
     
    Last edited: Dec 11, 2011
    shredfit1, Dec 11, 2011
    shredfit1, Dec 11, 2011
    #6
  9. Dec 11, 2011 #7
    TennMan

    TennMan Road Train Member

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    Hazzard County Jail !!!!!
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    He could quit therefor they can't take no more money because it sounds as if this company may be on shady side if as you say is true. Anyways good luck and Merry Christmas
     
    TennMan, Dec 11, 2011
    TennMan, Dec 11, 2011
    #7
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