Asked in Car Accidents and Employment Law for Tennessee

Q: I am a self employed person and got into an accident, my fault, but my bosses want me to reimburse them for the damages

Are my bosses allowed to make me reimburse them for the towing fees, and their deductible for the accident also if I don't they will hold my paychecks. I am no longer working for them

Also they constantly blamed me for their bank accounts getting frozen when I went to go deposit my paychecks from them

Related Topics:
2 Lawyer Answers
Thomas Walter Tucker
Thomas Walter Tucker
Answered
  • Personal Injury Lawyer
  • Franklin, TN
  • Licensed in Tennessee

A: Not sure how you are self employed and have bosses at the same time. Regardless, it likely depends on the business arrangement/contract you had with your bosses, which was hopefully in writing. Generally, if you agreed to be responsible for the vehicle, you are likely responsible.

T.C.A. § 50-2-103(g) states: "Any employee who leaves or is discharged from employment shall be paid in full all wages or salary earned by the employee no later than the next regular pay day following the date of dismissal or voluntary leaving, or twenty-one (21) days following the date of discharge or voluntary leaving, whichever occurs last. No employer shall, by any means, secure an exemption from this subsection (g)."

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: First, if the crash wasn't your fault, no. Second, barring a separate agreement they can't hold you responsible. Depending on your pay may be a wage hour violation to hold your check. Question is are you likely to have to work for these idiots again? If so, some discretion may be the better part of valor.

A lot depends on if you were a sub etc. Even as a contractor, if you can't get comp for any injuires in the crash there may be medpay on the policy. A lot to find out.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.