How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29973
Experience:  Lawyer
Type Your Legal Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

Do I have the right as an employer in Louisiana to with hold

Customer Question

Do I have the right as an employer in Louisiana to with hold a contract drivers last check as reimbursement for a wrecker tow bill as result of neglegance on his part?
Submitted: 11 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 11 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

Louisiana law does allow an employer to deduct fines from an employee's wages when the employee damages the employer's property. Rev. Stat., Section 23:635. The fine cannot exceed the amount of the damaged caused by the employer, and it cannot bring the employee's total wages for the pay period below the federal minimum wage. Since the tow bill is something additional to the damage caused, the employer would need to sue separately for that amount. If you were to deduct the wrecker bill on top of the cost of the actual damage, the employee could sue, and a judge could order you to pay his attorney's fees - which could get expensive.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 11 months ago.
He was not in the truck. He got arrested for possession of drugs and locked up. The sheriff dept had my truck towed. So figure he owes the tow bill for his neglegance.
Expert:  Lucy, Esq. replied 11 months ago.

I'm afraid that's not going to be covered by the statute. You can sue him for the cost of the bill, but if you deduct it directly from his pay, you run the risk that he'll sue you for damages.

Expert:  Lucy, Esq. replied 11 months ago.

Did you have any other questions about this?