If an employer is fined, it then pass on that penalty to an employee?

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If an employer is fined, it then pass on that penalty to an employee?

At my office we have to take water samples quarterly and the IDEM sent a certified letter to my employer stating that 3 of the results from the past 2 years had not been received. He is being fined $345 and because I take the sample, but do not personally send it out. He is stating that if the results sheets are not found that I will personally be paying the fine. Can he make me do this? It is his dental practice and the letter is to him, not me.

Asked on June 28, 2011 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It's not so much that an employer can "pass" a fine or penalty on to the employee--he can't--but that if the employee did anything deliberately wrong or negligently (carelessly) wrong, which caused the employer a loss, the employer may have the grounds to bring a lawsuit against that employee to recover compensation. An employee does not have immunity for his or her acts; if an employee acts in a wrongful way causing his or her employer a loss, the employee may be liable for it. If the employee was not intentionally or negligently in the wrong, then there would be no grounds for liability however. Also, even if the employee would be liable, the employer cannot simply take the money from the employee (e.g. deduct from wages); instead, if the employee does not voluntarily pay, the employer may, as stated, sue and atttempt to prove his or her case in a court of law.


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