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Is this legal? Other Debt

Discussion in 'Other Debt, Collection, Garnishment' started by eneville2885, Jan 23, 2015.

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  1. eneville2885

    eneville2885 Law Topic Starter New Member

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    Hello my fiance and I live in Tampa Florida. He drives a box drunk for a furniture delivery company. About a week ago he received a call from his jobs dispatch, they tell him that winter park (in orlando) police are looking for him because cause he supposedly hit someones car with the box truck. He swears he didn't hit anything and there is no damage to the box truck. According to the police, a witness said that he hit a orange car with his white box truck, no paint transfer was found. My fiance has not been shown a police report or any evidence that he hit anyone. This morning he went to work and received only half a paycheck. The company he works for said that he has to pay $1,300 for damage done to the women's car. They way he is going to pay that is that they are going to take half of every paycheck until it's paid off. I am handicapped and on disability so I have no Idea how we are going to live for the next 5 weeks. My questions are. Is that legal? Can his employer take half his check with no proof of the accident actually occurring and with no warning and lets just say he did hit the car ( again he swears he didnt and they have not shown any proof that an accident even occured)Isn't that what the companies insurance is for? I'm so confused by all of this.

    Thank you
  2. army judge

    army judge Super Moderator

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    Well, your question should have read: Can his employer take half his check with no proof of the accident actually occurring and with no warning and lets just say he did hit the car ?

    Legally they can't do that. Physically, according to you, they did just that.

    His recourse will likely cost him his job, eventually, Well, I should say, his recourse will often cost him his job in the near future. In most cases, an employer would have terminated the person accused of doing this anyway.

    Florida has no general laws covering wage deductions from employee pay by private employers. Employers must comply with the federal rules related to deductions from pay.

    I suggest hubby discuss this with four or five lawyers in your county.
    If he's going to get the money back, he'll have to engage a lawyer to help him do so.
    Some Florida employers are notorious for making this stuff up, just to save on wage costs.
    If employees don't at least investigate o[ptions, they end up working for free, in some cases.

    Here are some examples of deductions which would be considered to be solely for the benefit or convenience of the employer.
    This may be your hubby's saving grace:

    compensation for damages to the employer's property allegedly caused by the employee,

    uniforms required by the employer that can only be worn on the job,

    tools used in the employee's work,

    compensation for financial losses due to clients/customers not paying bills, and

    compensation for theft of the employer's property by the employee or other individuals.

    So, he starts by meeting with lawyers in your county- be prepared to wait and wait and wait, fixing this might take a long time, if it ever gets fixed.

    Then he starts looking for new employment, because as I said, cases like his tend to end with the employee getting that layoff or dismissal.

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