If an employer failure to pay for a freightliner toll so the CDL driver incurred a license suspension as a result, what can be done?

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If an employer failure to pay for a freightliner toll so the CDL driver incurred a license suspension as a result, what can be done?

Last month, I was prompted to pay a toll of $211.50 at a turnpike interchange while transporting a freight for my employer. I immediately asked my employer to provide payment for the toll. Since the officer asserted I could come back to pay the toll fee within 4 hours, I decided to continue driving on the lane so I could deliver the freight on time and come back once the aforementioned had been done. My employer failed to send me the payment and consequently I was fined. I am currently looking for representation on an appeal case. The case is regarding failure to pay the freightliner toll. I was out of the country at the time of the receipt of the summons so I was unable to properly respond to the summons. After multiple attempts to contact my employer to inquire about this fine payment they have confirmed they will not provide payment for this fine or anything else regarding this. I would like to know my options regarding this. I am currently unemployed and unable to provide payment for this fine.

Asked on October 7, 2019 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) As the driver, you are liable or responsible to pay the toll, even if you believe someone else was supposed to reimburse you. Therefore, unless you can pay the fine (and any reinstatement fee) you will not be able to reinstate your license, since again, the responsibility to pay the toll is on you.
2) The law does not generally make employers pay tolls for employees. However, they can agree to pay them, and those agreements can be shown by conduct over time as well as in writing--that is, if you can show that in the past, they paid tolls like this for you or other drivers, you can use that to show that there was in fact an agreement in place, even if an oral (unwritten) one that they would pay tolls. If you can show that, you could sue the employer for the toll, any other fines coming from its nonpayment, any license reinstatement cost, etc.


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