Q: I work for a company in Ohio that is requiring employees to pay for damages to company equipment. Is this legal?
I believe section 4113.19 prohibits deductions from employee wages; but are there any other sections that I can reference to help get a better idea of what’s legal?
Additionally, what constitutes an “express contract”? I’m sure the “contract” was somewhere in the mountain of papers we had to sign when being hired; but even if this paper is signed does the state of Ohio allow my employer to garnish or reduce my wages for company property damages?
As a specific example, a co-worker recently hit a deer that ran out into the road and the employer is now making them pay a ($500) deductible for repair costs. This wasn’t a damage as a result of negligence but pure happenstance. Is this something that they can do?
A: The code section you've cited permits employers to deduct from wages for damages to company property, provided there is an express contract between the employer and the employee putting the employee on notice that he or she will be held accountable for damaged property and equipment. An express contract is one where the terms are all spelled out in an agreement. The agreement does not have to be in writing. It differs from an implied contract where the existence of a contractual relationship is inferred from the parties' behaviors. For example, if you lease a house for 12 months and on the first day of the 13th month you pay your rent, and your landlord cashes the check, and you continue to live in the house, you now have an implied month to month lease.
1 user found this answer helpful
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.