Can an used car dealership employer in VA garnish wages for a car deductible?
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Can an used car dealership employer in VA garnish wages for a car deductible?
Employer is primarily commissioned based only receiving
100 week. Then he gets paid 100 for every car sold
and 50 for each sold warranty. He was taking one of
the sellable cars for gas when he had an accident. Not
a bad ones though. But insurance found him at fault and
today his boss told him he got their sellable car
repaired and had to pay 10000.00 deductible which he
said would be taken out of any money the employee makes
from this point forward until it is paid in full.
Question is Is the employer allowed to do this?
Asked on August 25, 2016 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
An employer may NOT garnish or take any amounts out of an employee's wages other than as required by law (e.g. court-ordered garnishment for child support) or as consented (agreed) to by the employee (e.g. deductions for health insurance, if the employer provides same).
However, if an employee negligently damages the employer's property--for example, drives carelessly and has an accident--the employee is liable for the damage or costs he causes, such as the deductible. If he won't pay, the employer could sue him for the money; they could also certainly terminate him for costing them money.
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