Accident Can’t Dent Van Driver’s Paycheck

Q: My niece worked for three weeks driving a van. At the end of that time, she had a small accident. The company refused to pay her, saying the damage exceeded her paycheck.

Is this legal?

--J.S., Mission Viejo

A: According to California law, an employer can’t make an employee liable for business losses. Even if your niece was negligent, the employer couldn’t deduct losses from her paycheck.

Her employer could sue her, but she could probably argue that she did not receive adequate training to drive the van. She might even be able to claim that the company was negligent.

The employer might be justified in terminating her for negligence, but it is required to give her a final paycheck on the date of termination. If the company fails to do that, it can be assessed a “waiting-time penalty” of up to 30 work days of her salary.

The California labor commissioner’s office will help collect her final pay. She should mention that she is entitled to waiting-time penalties as well.

I would suggest contacting the employer with this information before filing with the state agency. Once apprised of the law, the company might simply pay voluntarily.

--Don D. Sessions

Employee rights attorney

Mission Viejo

Notice of Policy Needed Before Pay Deduction

Q: Something happened in my workplace that strikes me as being sleazy, if not downright illegal.

I work for a large corporation that offers three weeks of vacation after five years of employment.

One of my co-workers left the company in August after 11 years. But the company deducted a week’s pay from her last check because she had already used up her three weeks of vacation for the year.

Although her immediate supervisors went to bat for her, the human resources director and corporate bean counters won out. Did the company err in not paying her for a week’s work?

--P.K., San Bernardino

A: California employers are not required by state or federal law to provide employees with paid vacation. However, once an employer decides to provide paid vacation, it must pay employees, upon the termination of their employment, for any unused vacation.

Some employers, such as yours, permit employees to take vacation before it has actually been accrued or earned. It’s unclear whether California law allows an employer to deduct the excess if a departing employee has taken more vacation time than he or she earned.

At the very least, an employer must have notified the employee in writing--before the employee uses any unearned vacation--that such a deduction will be made.

Your co-worker should determine whether she received any notice in writing that gave her employer the right to deduct the extra vacation from her check. She should look through any employee handbook or manual she may have been given, as well as any employment agreement that she signed.

If she believes she was not notified that the employer would make a deduction from her final wages, she may file a claim with the California labor commissioner. She doesn’t need an attorney to do so.

If she is successful, she may be awarded not only money for the week of vacation but also interest and possibly waiting-time penalties.

--Diane J. Crumpacker

Employment law attorney

Fried, Bird & Crumpacker

Selective Enforcement of Check-In Not Illegal Q: A couple of months ago, my supervisor required one of my co-workers who has a punctuality problem to e-mail her every day upon arrival, reporting the time she comes to work. A few days ago, the supervisor e-mailed our clerical staff unit saying that her superior requires every staff member to check in via e-mail.

Are they allowed to do this? Can they require certain clerical units to check in and not others, and can this be applied to clerical staff only?

To me, this is all a form of intimidation and selective harassment.

--N.N., Fullerton

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A: Yes, your employer may require employees to check in by e-mail. This is no different than requiring employees to sign in by hand or to punch a time clock.

Employers not only have a right to enforce policies requiring prompt attendance, they have an obligation under the law to keep accurate time records for employees who are subject to the overtime laws.

Your employer may legally enforce such a requirement among all clerical employees or only among certain clerical units. This would not constitute harassment or discrimination under the law.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

Staff Is Too Large to Meet One-on-One Q: I am a new human resources manager for an organization of about 250 employees. I have a staff of one part-time and two full-time employees.

I would like to get to know everyone in the organization. That is the style I have always used at smaller companies. However, the demands of the job make that very, very difficult.

The position was left in chaos by the previous manager, and the company president does not believe in “managing by walking around.” As a result, I feel distant from the work force and am concerned about my image with them.

How do I reconcile this conflict?

--L.Y., Hacienda Heights

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A: It sounds as if meeting employees one-on-one is impractical because of the organization’s size as well as the fact that top management frowns on spending too much time in such meetings.

You should consider meeting with departments or groups of employees. This could be done in sessions in which you provide information to the group about new procedures or programs that you have implemented. But you could also use the opportunity to get to know some of the employees and answer their questions.

There are other ways to establish a “presence” with employees without having to leave your office. Consider sending out written or electronic memos regularly, or establishing a newsletter, for example.

The employees will get the idea that you are trying to get to know them and that you make efforts to keep them informed about human relations issues, even if the company’s size, your workload and company policy prohibit you from having as much face-to-face contact as you would like.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873; or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.

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