Is my job ripping me off?

[easternguy2005]

This is very upsetting so I spoke to a friend that works as a labor attorney. This is a fine line and you could be held responsible for the damage. The fine line is the distinction between "accident" and "neglect".
Having signed the original employment agreement was the first mistake. The second mistake was signing the contract to pay for damages.
If you were to walk away now they could sue you for damages. Additionally there is a limit to how much they can deduct (garnish) from your salary that is relative to the minimum wage. Every state has its own laws so you should talk to a lawyer in your state if you feel that you are being handled unfairly.

 

[theKnifeArtist]

I talked to my boss about insurance envolvement on these kinds of situations. He tells me that they don't like to get the insurance involved because they have their deductable rate set at $5,000 and so they'd rather not get them involved because of all the lot damage cases they get.
aha.
I'm reading a bunch of bullshit here and knew i should of asked for paperwork supporting this, but didn't get a chance too.
$5,000 deductible? deductibles would range depending on severeity of the situation, no?

I have the information on the name and number of their insurance company. Think I'd get any help from them if i called them up?
Any ideas/info appreciated

 

[easternguy2005]

WTF - "don't like to"....as though you "like to" pay out of your earnings. It really boils down to if you need that job and reference. If you chase this down with the insurance company then sure the insurance company "wants" to know about all accidents. They want to know for themselves but care little about you as a person. Since the deductible isn't going to cover it the insurance company isn't on the hook to pay. The dealership then is "on the hook" to pay so to say. However you've waived that by entering a agreement with the dealership as a condition of employment to compensate them for damages such as this that you incur while employed. The dealership manager is under a tough economy and most likely is thinking "cut expenses" and workers are waiting on line for jobs he feels. You not only signed at employment, but then further signed (contracted) to pay all expenses. Before you signed you may have been able to negotiate a 50/50 deal with the dealership (unlikely it seems though in reality).
The law limits how much can be deducted from you per pay period. A similiar scenario is a cashier comes up $100 short on her/his drawer at the end of the day. They will recount that shit several times yet come up short. They will have to pay that out of their own pocket - I've seen this before.
In my opinion if you rustle too many feathers it won't be to your benefit. You might take on a free consultation with a lawyer but the lawyer needs to make money either from you or the "case" which doesn't appear lucrative.

Here's the federal stance on this for you to read

http://www.dol.gov/esa/whd/regs/compliance/whdfs16.pdf

You see how the minimum wage comes into play (you must make minimum wage after the deduction). However some states like Texas don't allow them to pull from your wages. What they would do if you didn't sign is fire you and then take you to court and get a judgement against you.

So the circle comes back. Check your state laws ! But with 2 signed contracts in hand the dealership is well armed to defend themselves.

IMO, you're best bet is to take responsibility and not begrudge your employer. Your manager didn't want to have to do it to you either.

Lesson learned to be careful what you sign in your future. You have a God given right to unlimited contracting protected by the Constitution for all legal transactions.

Good luck.

 

[easternguy2005]

Oh - deductibles don't depend on the severity for this. Just like you purchase lets say "auto collision" and elect a $2000 deductible. You wrap that shit around a tree and the insurance company will say "Knifeartist - we're willing to pay you (bank comes first though) $8K for your accident". Well the bank (or you) then get a check for $6K. The deductible is pre determined based on how much risk can be absorbed.
Scenario 2 is you "bump" a guardrail and cause $500 in damage. The insurance company will take note of the accident and send you nothing.
Scenario 3 is you hit a rock wall and cause damage. You have 3 shops look at it and they all say "gosh, that's $2300(another says $2500) in damage Knifeartist". You present that to the insurance company and they send a check for somewhere between 300 to 500 but they could also require you to do it at an "appoved" bodyshop rather than you taking that $300 to 500 dollar check and doing it yourself. Depends on what the contract you signed with the insurance company signed.

 

[Supraholics]

I took my 4Runner Sports Edition to the dealership one time to have it serviced. They recommended replacing the cabin air filter. I agreed. The guy broke my glovebox. They said the tech would pay for it. So they ordered on and gave me a new camry as a loaner for the meantime.

 

[theKnifeArtist]

thanks guys for the help and thanks for that deduction article easternguy
i'm still thinking about what my move should be..

 

[Zazzn]

Here's the thing,

The more you pursue this the more they are going to give you trouble at any given time next time.
If they become completely unreasonable, you can talk to the GM of the dealership or the labor board. If they are well liked by the GM you will have a living hell for stirring the pot.

2 choices
Pay up - take it up the ass and accept that form now on.
Quit - tell them to take you to small claims.

Sounds like they are giving you some bs... A dent like that could be taken out for 100$ by one of them dent magic guys.

The Scratch, could be blown in for 100$