Delivery Driver & Boss's Car (Labour Standards)

illapino · Post by **illapino** » January 6th, 2007, 1:36 pm

OMFG, I wrote about thirty lines on the scenario but accidentally pressed backspace which took me to my previous internet page visited and it all got cleared !!!!!!!! FF!!!!
anwyay, a long story short:

If a delivery driver accidentally does damage to his boss's car by reversing out of their extremely tight parking lot in the rear of the cuisine restaurant, should the driver be responsible for the $1000 reparations? The delivery driver successfully negotiated to have that money paid in installments, but now family and friends insist that he has no obligation whatsoever since he was merely doing his job, and employers can't make employees pay for accidental damages ... the driver confessed to the accident by showing the damage right away and offered to pay, but the boss said it was okay at the time, and waited 5 months until bringing it back up, as a sort of blackmail when the driver had to cut back hours to invest more time in college instead of the restaurant ... what law in the labour standard does the driver have to protect himself? since the employer is now hiding the driver's latest paycheck and asking for money from his own worker.... The car was a 2002 Mazda Protege5 (now fixed and running) and the driver to this day since the accident has been allowed to still deliver in both it and a substitute vehicle of the boss's

Typhoonk · Post by **Typhoonk** » January 6th, 2007, 2:16 pm

what proof he got.

hmmm do you remember it - hmmm, I don't remember it?

mr1in6billion · Post by **mr1in6billion** » January 6th, 2007, 3:29 pm

If it happened on the job then the employer should have insurrance. Either way he is responsible. And I'm pretty sure it's illegal to withhold paychecks.

Boris · Post by **Boris** » January 6th, 2007, 4:40 pm

Yeah I read something about this a few months ago when I was starting my old job at porsche. The employee shouldn't have to pay for damages to the company car. Insurance should cover that. Unfortunately, a lot of businesses don't follow this rule (like downtown porsche, in toronto) and force their employees to pay for damages, which i don't believe is legal. I'll try to find the info I read about all this and post it later.

2fazed · Post by **2fazed** » January 6th, 2007, 9:17 pm

It works both ways. At the time of hiring, if the business didn't make him sign anything saying he's responsible for any damage to the business's property, then the business is liable, not the driver. Business owes the car.

atlantamx3 · Post by **atlantamx3** » January 6th, 2007, 10:04 pm

No no- Companies (ESPECIALLY Deilvery Companies!) have insurance and being an employee of that company, you are under their insurance plan as long as you are on the clock when the accident happens.

They pay tens of thousands of $$ in insurance premiums per year.

The driver is covered under his companies insurance- WITHOUT QUESTION.

94blaze1.6 · Post by **94blaze1.6** » January 7th, 2007, 12:17 am

It is very possible that the boss in order to save on insurance premiums did not provide the insurance company with the correct info. ie: not insuring it as a company vehicle wich saves money but means he is screwd in case of an accident while the car was being used for something other then what it should be used for (not deliveries). Perhaps that is why boss is seeking money from employee as the boss's insurance company did not cover it....

PATDIESEL · Post by **PATDIESEL** » January 7th, 2007, 12:58 am

I'd bet my next paycheck on 94Blaze's guess. Also, you shouldn;t have to pay. Worst he could do is fire you, best he could do is not let you drive his car. Now thta you've paid I bet it is impossible to get your money back.

illapino · Post by **illapino** » January 7th, 2007, 1:59 am

an explanation of the money side of things:

both driver and the boss considered taking the damage out on insurance, which could only come out of the boss's insurance and not the driver's since the car in question was the boss's, not the driver's. but boss did not want to cut back his premium discount on car insurance so both boss and driver agreed that a cash deal would be best for both parties. driver was cooperative since the beginning and said he would pay once his current Visa statement at the time cleared up of debts, but during the time he consulted friends and family who all laid it on the boss to be fully responsible for any damages while an employee is on the job. so the driver has not fronted any money whatsoever to the boss as of yet. the car was brought out of the bodyshop by the boss paying the $1000 to the bodyshop himself because the driver had promised he would pay that amount to the boss over time, but still, driver has not fronted any money and will wait if tempers escalate and demand for the payment increases, or whether the boss will realize that the student employee doesn't have the finances to meet the promise he made ...

anyway, the minimum wage paycheck was given to the driver today, and he continues to collect his healthy doses of tips by using car in question ...

so, i guess the car in question is not legitimately designated as a company car: it is a personal possession of the boss' which is why the payment to the autobody shop came out of boss's personal finances and not from any form of car insurance ...

monty73741 · Post by **monty73741** » January 8th, 2007, 10:51 pm

unless the employee is bonded or signed something @ time of employment....he cant be responsible. I used to sign for stuff @ my old jon like 10,000 worth of food, other people were afraid to sign for it becuse they might have to pay for it. I laughed because an employee cannot hold back pay unless it is a debt he agreed to. I used to buy chef jackets they would come out of my pay check.

Take it from an old hand @ the resturant industry. you probally just honest & work hard, & dont b---- about making min wage. unlike the rest of the slackers @ you work. now your boss is piss that you are cutting your hours back to improve yourself. now he got to do more work or yell @ the slackers. now he is trying to make you think you have to pay back that 1000 bucks ,because as i know when i was 18-21 1000 bucks was alot of money, still is but i got bigger bills lol.,.......f--- your boss he doesnt want you to improve your life he just want to get rich off of you

jason

mitmaks · Post by **mitmaks** » January 9th, 2007, 12:32 am

the minute boss let him drive the car he assumed all the risk and responsibility in case the employee gets in the wreck.

Meep · Post by **Meep** » January 9th, 2007, 10:42 pm

Did he file a police report? It being five months after the fact, I'd wonder how he'd prove its your responsibility to pay for if there was no record made of it.

illapino · Post by **illapino** » January 13th, 2007, 5:03 am

driver admitted to the pushed in fender immediately after returning to the restaurant in abidance with his own honour system and out of honesty. arguing against paying back at least some of the damage was unknown to him at the time and he naively offered to pay the damage the day it occurred, unknownst to him that several friends and family would vomit that he made such an offer ...