An employee that has been employed by the same company for 28 yrs. and is in charge of the safety department for our company apparently made a decision to make some repairs on a truck that cost $38,000.00. Later it was determined by the insurance company that the truck should have been considered a total loss because it would cost much more than the $38,000.00 to repair it. Now the company owner wants the safety director to pay back the $38,00.00 that was put out to start the repairs on the truck. Is this legal? The safety director is allowed to make decisions of this type on a day to day basis. This was just a bad judgement call.
Based on the facts presented, given that the employee apparently did did not act dishonestly or with gross negligence, the employer has no basis for making the employee repay $38,000.
The CA Department of Industrial Relations discusses such issues at https://www.dir.ca.gov/dlse/faq_deductions.htm.
This information does not constitute legal advice and does not establish an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline