1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Does my job have the right to make me pay for a car accident Premises Liability

Discussion in 'Accidents, Injuries, Negligence' started by gues, Nov 20, 2014.

Thread Status:
Not open for further replies.
  1. gues

    gues Law Topic Starter Guest

    To make a long story short, I work for an autonation owned dealer. I am a technician so I am required to road test cars to verify repairs. about 2 years ago, I was road testing a car through a business district when another car backed out and I swerved to avoid getting hit but the car ended up damaging the side of the vehicle. there was no police report involved but the dealer told me I had to pay the $4500 for the damage or get fired. Plus they said since there was no police report that they couldn't file an insurance claim. I signed and payed the money as I didn't want to lose my job. later I spoke to the dealers insurance company who did tell me they could of dealt with it with no police report. Now since this incident, both the general manager and service director have been fired over illegal business practices and I am wondering if what the dealer did was correct in forcing me to pay or is their any law that protects me for this. The dealer always says that there deductible is over $10,000 and seem to use that as an escuse to force employees to pay. What options do I have here. I have tried to contact lawyers but am told that what they did was wrong but since I already paid for it there is nothing they can do.
     
  2. army judge

    army judge Super Moderator

    Messages:
    31,623
    Likes Received:
    4,693
    Trophy Points:
    113

    The FL lawyers who've given you advice know of what they speak. Heed their collective counsel and wisdom. Your fate was sealed long ago and far away.
     
  3. streetglower

    streetglower New Member

    Messages:
    2
    Likes Received:
    1
    Trophy Points:
    1
    Not really sure how to take that, anyone else
     
    S&Jm82001 likes this.
  4. cbg

    cbg Super Moderator

    Messages:
    8,142
    Likes Received:
    1,327
    Trophy Points:
    113

    We have no reason to second-guess the lawyers you've spoken with, and you've most likely waited too long to do anything about it anyway.
     
  5. Betty3

    Betty3 Super Moderator

    Messages:
    6,967
    Likes Received:
    290
    Trophy Points:
    83

    The thing is if the lawyers can't do anything, there is not anything more we can tell you/do for you. Sorry.
     
  6. streetglower

    streetglower New Member

    Messages:
    2
    Likes Received:
    1
    Trophy Points:
    1
    my question is, is what the dealer did to me correct? If there is nothing that the lawyers can do then that is fine but I want to know if what they did was correct??? what could have been done at that time?
     
  7. army judge

    army judge Super Moderator

    Messages:
    31,623
    Likes Received:
    4,693
    Trophy Points:
    113

    You made the choice to agree to allow your employer to deduct the amount you allegedly agreed to pay.
    You could have said, no, I disagree.
    You could have fought the allegations in court.
    You could have possibly made a claim through your auto insurer.
    You chose to pay, thinking that would allow you to keep your job.
    Every choice has consequences, as does each inaction.

    The employer did what you agreed for him or her to do, take the money from your earnings.

    Right or wrong doesn't matter.

    In fact, only you can decide if it was right or wrong.

    Today, none of that matters.
    You were of sound mind and body and agreed to the deductions.

    If you disagree with that decision today, you could attempt to bring a lawsuit against your employer to recoup what was deducted from your paycheck.
    In Florida (according to Fla. Stat. Ann. § 95.011 et seq.) the statue of limitations for written contracts is five years.
    You indicate the event happened two years ago, so the SOL would not bar such a lawsuit.

    Your biggest problem will be convincing the judge that you signed to have the deductions taken under duress.

    Whatever happens, what you VOLUNTARILY agreed to do then will likely not be second guessed by a court today.
    You made a deal.
    The deal was reduced to writing, and you agreed by affixing your signature to the deal.
    That is a contract.
    Then over time you watched as the deduction were taken from yoru paycheck.
    You didn't protect then, yet you protest now.

    This is just a little internet forum.
    We are not a court of law.
    What we say here means nothing in a Florida court of law.
    No competent court will even take judicial notice of our opinions, unless we do something stupid.
    Stupid as in libel, threaten, or otherwise harm someone.
    That we don't do, nor will we do.

    You will probably be terminated upon filing such a lawsuit.
    Before you ask, the mere filing of a lawsuit offers you no employment protection.
    Assuming your employer isn't stupid, they'd probably just terminate you without giving you a reason.

    No, an employer need not say why you are terminated.
    The employer can simply say, we no lounger require your services, goodbye.
    Those are some of your choices.

    If you disagree with what we have said, or feel you aren't being told what you want to hear, you are free to ignore us.
    Furthermore, you are free to leave the site forever.
    We won't chase after you, or send you texts or emails demanding you to agree with us.
    From what I see, many have tried to assist you.
    People don't always agree, but no one has been disagreeable.
    On that note, I bid you farewell.

    Good luck!!!
     
    Last edited: Nov 24, 2014
  8. txls

    txls Well-Known Member

    Messages:
    1,965
    Likes Received:
    272
    Trophy Points:
    83

    We require that employees pay the deductible when an accident is their fault, but there are limits on how much can be payroll deducted per paycheck. Our driving policy in our employee handbook clearly states that they will be responsible.
     

Share This Page

Thread Status:
Not open for further replies.