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The Mystic Wave
The Mystic Wave, Paralegal
Category: Legal
Satisfied Customers: 427
Experience:  30 yrs. exp. in the legal profession. Specializing in Personal Injury, Criminal, Civil & more.
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Labor law

Customer Question

Can an employer deduct from your pay for a tool that was broken on the job in the normal course of work? My son is employed in the construction field. While bringing down a lift a tool was bumped that belongs to another contractor. It was checked out at that time and was working. His boss claims that it did not work the next day and that he is going to deduct the entire cost of the tool from his check at 150.00 per week for a total of 600.00.
Submitted: 11 years ago.
Category: Legal
Expert:  Martye replied 11 years ago.
If I understand this correctly, Your SON did not check out the tool,rather the OTHER contractor had checked it out. If this is true, your SON had NO reponsibliity for the tool. The other contractor DID, and was reponsible for keeping it "Out of harm's way"
An employer can not charge you for damage to a tool he provides in the normal course of job function. If your son INTENTIONALLY damaged the tool, then that is different.
Another way to look at is this: If HE must replace their broken tools, then they would have to replace HIS tools when they break(since he is providing them)
Tools are only "checked out" to keep track of them,But this doesn't matter since your son didn't check it out anyway!!GOOD LUCK!!
PS Discuss this with the employer and if that fails, you CAN report it to your local labor board.
Customer: replied 11 years ago.
Reply to Martye's Post: Is there a website that I can go to and print out this information to show this employer? This man is very unreasonable.
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


The employer is being quite unreasonable - your son can fight this.....if it was understood from the beginning that any tools used and damaged would be the employees' responsbility (in which to have repaired), then the employer would be able to deduct....however, if nothing was said in the beginning, then it's up to the employer to repair without any employee deductions.......


Advise your son that he can fight this by contacting the labor board.


If you have any further questions, please let me know.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave

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