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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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Legal question. An employee get a parking ticket while using

Customer Question

Legal question. An employee get a parking ticket while using the company truck. Is the employee ultimately responsible to pay the ticket?
Submitted: 2 years ago.
Category: Legal
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information and your question. No, under NYS law, not only is the employee not responsible to the local ticketing agency for payment of the fine, but also the employer may not force the employee to pay the fine either through payroll deduction or otherwise. You can see the wage deduction restrictions by reading the law at the following link: https://labor.ny.gov/legal/laws/pdf/wage-deduction/12-NYCRR195-Wage-Deductions-Text.pdfAll that said, the employer is free to take any disciplinary action that is allowed under their policies. That could potentially include a suspension or termination if not prohibited. Please let me know if you need any clarification. I would be glad to assist you further if I can.
Customer: replied 2 years ago.
I see where you are showing the proof that the employee can't take to money out of my pay but there is the proof that the employee is not responsible? I have a friend that works for fedex and they don't have to pay the fine except if they park in front a fire hydrant or bus stop. So according to your answer the employee shouldn't have to pay that fine either?
Expert:  Marsha411JD replied 2 years ago.
That is exactly what I said. An employer cannot force the employee to pay and cannot deduct the ticket from their wages. The law is very clear. If the employer is violating the law, then the employee can file a wage complaint with the NYS DOL.
Customer: replied 2 years ago.
I totally understand that the employee can't take it out of the employees pay. But can't the employer take the the employee to small claims court over the tickets? According to you the employer would lose. Can you show me proof that the employee is not responsible and not just that the employer can't just automatically take it out of the employee's pay?
Expert:  Marsha411JD replied 2 years ago.
No, absolutely not. This is a cost of doing business. If your employee does something that violates the law, the employer is responsible for it unless it is completely outside the realm of the job. As long as this employee was performing their duties when they illegally parked, the employer cannot pursue them for the fine. That is common law and is called respondeat superior and there is no statute for that particular legal rule since it is based on hundreds of years of case law. As I said, the employer can take disciplinary action, but that is it. I provided you with the link to the law, that is the proof that the employer cannot make the employee pay for the ticket.
Customer: replied 2 years ago.
So if I deliver a package in a company van and as I return to the warehouse I stop to get a cup of coffee and get a parking ticket. I don't have to pay the ticket?
Expert:  Marsha411JD replied 2 years ago.
I believe I have thoroughly answered your question, but again, as long as you are in the Company vehicle the employer is responsible for the ticket and cannot force you to pay it.
Customer: replied 2 years ago.
The below link indicates the employer in not responsible?http://www.businessmanagementdaily.com/35311/employee-gets-ticket-in-company-car-who-paysSo when my employer says I'm responsible for the ticket, I can't show them proof because it's "common law"?
Expert:  Marsha411JD replied 2 years ago.
I provided you with the statute at the link I gave you and the link you refer to is not NY law. I am logging off for the night. If you have additional follow up questions, I will have to address them tomorrow when I log back on. Thank you.
Customer: replied 2 years ago.
http://m.utsandiego.com/news/2012/jul/13/does-your-boss-need-pay-your-parking-tickets/Above is another link that indicates that the employee not the employer would be responsible for the ticket. It in fact is almost the same example of stopping to get coffee. I know it is a different state but it seems to contradict what you're saying?
Customer: replied 2 years ago.
http://my.justanswer.com/question/guest/85a52ef3edfd4e3891cf8c1f815d04dfAbove is from another person on your website that totally disagrees with you.He seems to agree with me that the employer can't take the fine out without consent but the employee is responsible for the fine and can be sued by the company if he doesn't pay. Are you sure about your facts?
Customer: replied 2 years ago.
http://my.justanswer.com/question/guest/d86ffcb445c043ff8569f65108d44b60Allen M. Esq is a JAG officer and professor of Law and is on your website and when asked a similar question in NYC - completely contradicts you. Are you right or is he?
Expert:  Marsha411JD replied 2 years ago.
I have provided you with the actual text of the law and discussed this at length with you. Apparently, you do not what to believe the law or my answer, so I am going to opt out of the question and allow another Expert to assist you. Perhaps you will find the result you want with them. Best to you.
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. The first attorney who responded to you has opted out of the question, so I will attempt to help. My name is ***** ***** I will do my very best to answer your legal questions. First, the other attorney is correct. In New York, it is unlawful for an employer to make an employee pay for the company's business expense. Moreover, any parking ticket obtained in a company vehicle, such as a FedEx vehicle, would be considered a business expense. Accordingly, it is unlawful for the employer to charge the employee for the ticket. The employee could face discipline, of course, such as being fired for incurring the ticket. Nonetheless, the employee cannot be forced to pay for the ticket. The links that you are referring to appear to be for other states, and not for New York. Please remember that the laws in each states could be different. Here is a link from a New York attorney that supports the above: http://goo.gl/gvOJsD I hope that helps. Please let me know if you need further clarification, and please remember to provide positive feedback. Thank you.
Customer: replied 2 years ago.
http://my.justanswer.com/question/guest/d86ffcb445c043ff8569f65108d44b60So you are saying Allen M. esq (JAG officer and Professor of Law) is completely wrong in the above link when he responded to a similar question on your website?
Expert:  TJ, Esq. replied 2 years ago.
Hi again. Yes, Allen M. is incorrect.
Customer: replied 2 years ago.
Do you practice in New York? My employer American Airlines and our employee's Union seems to agree with him as the are "requiring" the employee to pay his our ticket received in a company van.
Customer: replied 2 years ago.
Do you have a link to verify what you are saying?
Customer: replied 2 years ago.
He also works for FedEx and he says that FedEx will pay for parking tickets except if the employee parts in front of a hydrant or a bus stop (then the employee is required to pay)
Expert:  TJ, Esq. replied 2 years ago.
Hello again. Admittedly, I do not practice in New York. The only links that I have have already been provided. The attorney's opinion in the link that I provided, and my own, is based upon the fact that the owner of a vehicle (not the driver) is liable for a parking ticket, and that a parking ticket in a company vehicle would be a business expense. This is different than a speeding ticket, which is incurred against the driver himself. The bot***** *****ne is that if push came to shove, and the employer sued the employee for reimbursement for the parking ticket, I am confident that the employer would lose the lawsuit. Of course, the only way to know for sure is for a lawsuit to actually be decided by a judge. I searched Westlaw for such a case, and found nothing.
Customer: replied 2 years ago.
Did you search Westlaw for an employee who paid the ticket but then sued and won because the company is "required" to pay the ticket?
Expert:  TJ, Esq. replied 2 years ago.
Hi again. I searched for anything and everything. As you can imagine, this isn't something that would be heavily litigated. If an employee were to sue the employer as you suggest, it would be a small claims type of case and would not even be reported such that it could be found in Westlaw.