Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was suspended for 10 for losing a refrigerated load.

Customer Question
Market value of around $32,000...
I was suspended for 10 for losing a refrigerated load. Market value of around $32,000. Upon the company investigation, they want me to pay $22,000 in loss of product. I'm told they have a $50,000 policy with a $10,000 deductible. If I agree to pay this $22,000 they will keep it off DAC report, knowing my DAC report is a drivers grade card. Is this or could be extortion, coercion, etc.?
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 1 year ago
If I don't agree to pay this amount, they hold my future employment with the company as well. I could be terminated.
Answered in 3 hours by:
7/31/2017
Employment Lawyer: ScottyMacEsq, Lawyer replied 1 year ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,167
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. First of all, you need to know that Kansas is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. So they do have the right to suspend, terminate, etc...

Next, an employer can make you pay for a product loss by negligence or otherwise entrusted to your care. It sucks when they do this, because most employers take this as a cost of doing business rather than passing on the costs to employees, but it's always possible that they may do so legally. They can't withhold it from your check without your permission, but if you give permission they can deduct it, in installments (as you may agree with them).

It's also not extortion / coercion / etc... Extortion (aka blackmail) is where someone obtains money or something of value through violence or threats, yes, but the caveat is that it's money that they don't otherwise have any right to pursue. For example, if I have a sex tape that shows a high profile individual, and tell that person that I won't release it if they pay me $100,000, then that would be extortion, as I don't have any right to that money otherwise. Now if a drunk driver hits my car, causes $10,000 in damage, and I say that I won't report the accident if he pays me the $10,000 damage caused, that's not extortion because I have a right to pursue that $10,000. It's a settlement in that incident. But if I say that he has to give me $50,000, then $40,000 would be an extortion amount, where $10,000 would be a valid settlement amount. Does that make sense?

Coercion is related, as it's the act of persuading someone through force or threats. But the distinction here is that the force/threats make you do something that you otherwise would not do. Again, where someone is saying something and has a valid legal complaint, the "threat" to do something that they legally can do otherwise is not coercion. So if I say "give me the $10,000 damages or I'll sue", while that's a threat, it's not coercion because I'd have a right to that money. Now if I say "give me $10,000 or I'll punch you in the face" then that IS coercion, because I don't have a right to punch that person in the face.

In short, this is all legal, as they do have the right to seek repayment from you, and because they do, any threats are not threats in the sense of extortion / coercion.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 1 year ago

Did you have any other questions before you rate this answer?

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 1 year ago

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 1 year ago

Should I continue to await your response, or may I assist the other customers that are waiting?

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 1 year ago

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 1 year ago

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 1 year ago

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

Ask Your Own Employment Law Question
Employment Lawyer: ScottyMacEsq, Lawyer replied 1 year ago

Hello?

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,167
18,167 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

18,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am an HR manager at a trucking company and I am trying to
Hello,I am an HR manager at a trucking company and I am trying to limit my truck drivers from getting tickets. I am not sure which action to take of either incentivizing them for not receiving or hold… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm a heavy duty truck driver, on 5/13 I left Brooklyn to drop
I'm a heavy duty truck driver, on 5/13 I left Brooklyn to drop of my load as normal in bath NY. After dumping my load I went to the mechanic to repair something on my truck. I spent 2.5 hrs by the mec… read more
hrpro37
hrpro37
BBA
103 satisfied customers
I'm a owner operater truck driver working company that does not have "forc
I'm a owner operater truck driver working for a company that does not have "forced dispatch" meaning you have the right to refuse to take a load they send you. They tell you clearly you don't have to … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I own a trucking company, we provide a service, hazmat
I own a trucking company, we provide a service, hazmat delivery. we have all company drivers and have had a problem with late deliveries. if it is our company policy and the employees signs they ackno… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I'm an Over the road truck driver, the company I work out of
I'm an Over the road truck driver, the company I work for is out of Canton, Michigan, I had a load that delivered in York, South Carolina on Monday at 1300, in route to my delivery, my truck broke dow… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers
The company that I work for in Colorado as a truck driver is
The company that I work for in Colorado as a truck driver is initiating a new policy. It was sent to me by e-mail today and It states, “Our NEW company policy states that any driver that is involved i… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I have been disciplined by Werner Enterprises for a minor accident.
I have been disciplined by Werner Enterprises for a minor accident. They are taking money from my pay, advised that I will have a chargeable accident with them as long as I am with the company and it … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Can i deduct employees check for damages and negligence If: 1.
Can i deduct employees check for damages and negligence If: 1. It is in our company policy and they sign of stating they will be liable for damages arising out of their negligence. 2. I have them sign… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
my husband has worked for a company for the past seven years.
my husband has worked for a company for the past seven years. he does not have a contract or even an employee handbook with anything in writing concerning disaplinary actions. he is an over the road t… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Is it against the law for an employer to hold your checks and
Is it against the law for an employer to hold your checks and not pay your for work completed?… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
(Bad Truck Driver) I was terminated for multiple (4) accident
(Bad Truck Driver) I was terminated for multiple (4) accident in 3 month and log book error, But according to company policy I was to be return to company and retrained before and counsels and correct… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I am a dock worker at a warehouse and trucking company. Every
I am a dock worker at a warehouse and trucking company. Every time freight is damaged enroute to a customers site the owner tells us to a sign a paper stating we will be financially responsible for an… read more
socrateaser
socrateaser
1,031 satisfied customers
My daughter worked for a Quality Inn (California). During
My daughter worked for a Quality Inn (California). During the course of her employment, she accepted a $500 money order from a guest. The money order was presented the next day for deposit, but was re… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
One of several drivers of pastries has damage to a product
One of several drivers of pastries has damage to a product that has to be replaced. Only this driver is penalized via suspension and repayment of product loss. There is no written policy on this and n… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is there a standard criteria or guidline that a trucking company
Is there a standard criteria or guidline that a trucking company must use to decide on what to list on a DAC or is it completely subjective? For instance, what constitutes the entry of "unsatisfactory… read more
bizmatters
bizmatters
J.D.
666 satisfied customers
He is my questionl. I am female truck driver and have a question
He is my questionl. I am female truck driver and have a question about what was reported on my DAC. The company I worked for who reports to DAC reported false information and I have tried to get this … read more
EPLLAW
EPLLAW
Attorney
Doctoral Degree
158 satisfied customers
worked for trucking company out of colorado.mother sick when
worked for trucking company out of colorado.mother sick when i was on time off in detroit.i secured their truck at a local kw dealer and informed them of my situation.they{the company}said i owe them … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am a truck driver with 7 months of experience. When I worked
I am a truck driver with 7 months of experience. When I worked for one company in late 2007 and early 2008, I had three accidents in three days. Only one of these accident were investigated by law enf… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x