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Message
OT Law Gurus: Question
Posted on 9/23/18 at 9:30 pm
Posted on 9/23/18 at 9:30 pm
I'm not sure if this is the correct board for this, but I have a question I could use some help with...
Say for example that an employee of a business has a company truck, and while using that company truck to haul a trailer (also owned by the company) for work related purposes, happens to dent the truck.
*For reference, the dent occurs due to an unavoidable obstruction in the road (wildlife), which causes the truck to swerve and leads the trailer to jack knife, thus causing the dent.
When the manager of the employee sees the damage, he forces the employee to repair the damage to the company vehicle out of his own pocket and less than a month later terminates the employee.
Question 1: Is it legal for the manager to force the employee to repair the damage?
Question 2: Can the employee claim that he or she was illegally terminated because of the accident, even though he or she wasn't terminated immediately, but rather a couple weeks later and the manager used a different reason as an excuse to terminate?
If there's anything else I'm missing here, please let me know.
TIA
Say for example that an employee of a business has a company truck, and while using that company truck to haul a trailer (also owned by the company) for work related purposes, happens to dent the truck.
*For reference, the dent occurs due to an unavoidable obstruction in the road (wildlife), which causes the truck to swerve and leads the trailer to jack knife, thus causing the dent.
When the manager of the employee sees the damage, he forces the employee to repair the damage to the company vehicle out of his own pocket and less than a month later terminates the employee.
Question 1: Is it legal for the manager to force the employee to repair the damage?
Question 2: Can the employee claim that he or she was illegally terminated because of the accident, even though he or she wasn't terminated immediately, but rather a couple weeks later and the manager used a different reason as an excuse to terminate?
If there's anything else I'm missing here, please let me know.
TIA
9
Posted on 9/23/18 at 9:32 pm to Corkfather
Sounds like a question for a lawyer, at a law office.
Posted on 9/23/18 at 9:33 pm to Corkfather
sounds like complete bullshite to me
Posted on 9/23/18 at 9:39 pm to Bustedsack
quote:
sounds like complete bullshite to me
Which part sounds like bullshite? The side of the employee or the employer?
Posted on 9/23/18 at 9:40 pm to StealthCalais11
quote:
Sounds like a question for a lawyer, at a law office.
Obviously, but its better to go into a situation with some form of knowledge as opposed to being completely ignorant.
Posted on 9/23/18 at 9:41 pm to Corkfather
Not a lawyer but I have seen policies written state that employee will pay x amount to cover expenses if an accident occurs.
Posted on 9/23/18 at 9:44 pm to diat150
quote:
Not a lawyer but I have seen policies written state that employee will pay x amount to cover expenses if an accident occurs.
I would argue that its not an accident if its something that insurance would consider a comprehensive claim.
For example, if you hit a deer, is that an accident?
This post was edited on 9/23/18 at 9:45 pm
Posted on 9/23/18 at 9:44 pm to Corkfather
I would say that it really depends on the contract (if union) or the company's written policy. I have never seen a company require repayment in the case of a wreck....but they can damn sure fire you without even giving you a reason.
Posted on 9/23/18 at 9:47 pm to Spankum
quote:
I would say that it really depends on the contract (if union) or the company's written policy. I have never seen a company require repayment in the case of a wreck....but they can damn sure fire you without even giving you a reason.
True, you can be fired without being given a reason in an "at will" state; however, if a reason is given, that reason must be lawful.
Just because it's an at will state doesn't mean they are exempt from things like discrimination, etc.
Posted on 9/23/18 at 9:51 pm to Corkfather
quote:
For example, if you hit a deer, is that an accident?
Yes. and most insurance companies require a crash report.
Posted on 9/23/18 at 9:53 pm to Corkfather
After being shot has anything in your life gone right?
Posted on 9/23/18 at 9:55 pm to Corkfather
Whatever happened to the good old days before the first thought was getting lawyered up and dragging the dirty laundry through the court system? One Molotov Cocktail through the business’ window at 3:00am used to be the way real men settled their differences.
Posted on 9/23/18 at 9:56 pm to theenemy
quote:
Yes. and most insurance companies require a crash report.
You are not required to file a police report to file a comprehensive claim after an accident with wildlife. Also, in the situation referenced here, the deer wasn't struck; the vehicle avoided the animal but that avoidance caused the trailer to jack knife into the vehicle.
Posted on 9/23/18 at 9:59 pm to OleWarSkuleAlum
quote:
After being shot has anything in your life gone right?
Oh, of course man. I can't complain at all. In fact, I'm actually doing pretty well.
I have a girlfriend that's 10 years my junior, I just landed a great job offshore, I bought a nice ranch in Texas Hill Country, and overall I'm pretty happy.
How are things going in your life my good sir?
This post was edited on 9/23/18 at 10:03 pm
Posted on 9/23/18 at 10:00 pm to BobABooey
quote:
Whatever happened to the good old days before the first thought was getting lawyered up and dragging the dirty laundry through the court system? One Molotov Cocktail through the business’ window at 3:00am used to be the way real men settled their differences.
I'm not looking to go to court over this, I just want my $1400 back.
Posted on 9/23/18 at 10:02 pm to Corkfather
In Louisiana, any accident causing more than $500 in damage is required to be reported per L.R.S. 32:871 and L.R.S. 32:1023
In Texas, it is $1,000 limit
Texas Transportation Code § 601.004
In Texas, it is $1,000 limit
Texas Transportation Code § 601.004
This post was edited on 9/23/18 at 10:07 pm
Posted on 9/23/18 at 10:07 pm to theenemy
quote:
In Louisiana, any accident causing more than $500 in damage is required to be reported per L.R.S. 32:871
The operator of every motor vehicle which is in any manner involved in an accident within this state, in which any person is killed or injured or in which damage to the property of any one person, including himself, in excess of five hundred dollars is sustained, may report, in writing, to the commissioner a claim for property damages and damages for physical injury sustained as a result of such accident.
The terminology "may report" doesn't make it seem like its a requirement, but rather a choice.
Also, the incident in question took place in Texas.
Posted on 9/23/18 at 10:09 pm to Corkfather
quote:
The terminology "may report" doesn't make it seem like its a requirement, but rather a choice.
Sorry I edited the post.
Second statute makes it required. Also addede the Texas statute.
This post was edited on 9/23/18 at 10:10 pm
Posted on 9/23/18 at 10:16 pm to theenemy
quote:
Sec. 601.076. REQUIRED TERMS: OWNER'S POLICY. An owner's motor vehicle liability insurance policy must:
(1) cover each motor vehicle for which coverage is to be granted under the policy; and
(2) pay, on behalf of the named insured or another person who, as insured, uses a covered motor vehicle with the express or implied permission of the named insured, amounts the insured becomes obligated to pay as damages arising out of the ownership, maintenance, or use of the motor vehicle in the United States or Canada, subject to the amounts, excluding interest and costs, and exclusions of Section 601.072.
What I gather from this is that the owner of the vehicle (or his insurance) is obligated to pay.
This post was edited on 9/23/18 at 10:18 pm
Posted on 9/24/18 at 4:30 am to Corkfather
Not a lawyer, but
Using company vehicle for company business should be covered under company insurance
LA is an at will employer state, but the guy better hope he’s got documentation of reasons for termination if Question 1 is true.
quote:
Question 1: Is it legal for the manager to force the employee to repair the damage?
Using company vehicle for company business should be covered under company insurance
quote:
Question 2: Can the employee claim that he or she was illegally terminated because of the accident, even though he or she wasn't terminated immediately, but rather a couple weeks later and the manager used a different reason as an excuse to terminate?
LA is an at will employer state, but the guy better hope he’s got documentation of reasons for termination if Question 1 is true.
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