We're an HVAC company. An employee (that is still in his first week, but is otherwise doing a great job), stepped through a customer's ceiling while on the job site. Can we make the employee pay back the amount that the damages are costing us? Maybe set up a payment plan to take out a certain amount each week out of his paycheck (of course if he agrees by signing some type of garnishment form)? What can we do legally, so that we won't lose money on this job?
If you enter into any agreement with an employee post hire you need to ensure that it is in writing and supported by consideration of some type, beyond continued employment. In the future, you might consider developing a policy that addresses this issue prior to hiring employees. In addition, you should consider some type of insurance to cover these issues so it does not directly affect your employees which could affect your ability to be competitive in your hire process.
Please note that the information provided should not be relied upon as legal advice as there are many other factors that might need to be considered before taking any legal action. My firm is experienced in handling legal claims in the employment law field and we would be honored to discuss your legal concern in greater detail if warranted. Thank you.
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