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I have an employee that was caught dumping garbage on the…

i have an employee that...
i have an employee that was caught dumping garbage on the side of the road from our trailer. What are the implications with that?
It is in illinois
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Answered in 22 minutes by:
3/8/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 512
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I have been an attorney for about 20 years. I am preparing a response to your question and will provide that to you shortly.

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The Litter Control Act in Illinois provides certain penalties for dumping trash on roadsides. In summary, those penalties include a minimum $50 fine and could include an order that the violator maintain litter pickup in the area for 30 days and/or that the violator clean up the litter that was disposed of improperly. Whether you company or your employee (or both) should be the liable party depends on several things: (1) was the employee working the scope of his employment when the litter was dumped (in other words, was he on the job even if he wasn't supposed to be dumping trash); (2) did he have authority to use the trailer; (3) was the trash dumped that of your company or his personal trash. These and other questions could support a defense on the part of your company to liability. That said, you still may be liable if he was on the job as he could be deemed to be your agent even if outside what he was supposed to be doing. The other issue is how to handle this employee going forward. This type of conduct is certainly a type that could result in disciplinary action, up to and including termination, should you wish to address it that way. If you are going to take employment action against the employee you will want to be sure you do so in compliance with any existing company policies and that if discipline includes any requirement to pay any fines that if those fines are to be deducted from any paycheck that the deduction is legally allowable and all steps to make it allowable under Illinois law have been taken. I hope this helps.

If you need further assistance, please reply to this email. If I answered your questioning provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This is for informational and educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
do you think that if we haven't heard anything from the city where it was dumped that we will still be sent something in the future?
we were told that they were going to investigate and let us know if any charges or fines would be imposed. It has been since august and nothing has been sent

That is one of those catch-22 situations. I have stopped trying to figure out how long it takes any governmental body to investigate; so I never assume someone won't hear from them. So, the catch-22 is do you call to see if the matter has been resolved and possibly re-focus them on the situation or just sit tight. I would probably just sit tight at this point. Just make sure you have documented what happened in the event they later seek to levy fines or other penalties so that you don't have to go back and try to remember everything. This documentation should include any conversations you have already had with government agents with names, if you have them, approximate dates, summary of conversation and the like.

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Customer reply replied 1 month ago
ok I will try to type something up and save it in my files. yeah I was thinking if we contacted them it would just make them act on it

That sounds like a good plan. Let me know if I can help in any other way.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 512
Experience: Member at Keefer & Keefer LLC
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