For the "Labor Lawyers.."

One of my delivery drivers was in an accident last night. Both cars were totaled and he ended up in an ambulance to the hospital (minor injuries). Stayed at the hospital for about 4 hours.

Obviously, he didn’t make it back to the store to clock out or cash out. I collected his money from him later.

What time should I show as his clock out time? The time of impact? When did his shift end?

I would pay him to the end of his shift. Jeez, don’t kick the guy now when he is down. Or was he the cause of the accident? If so, clock him out 1 minute before impact. j/k :lol:

Since the accident happened ‘on shift’ is the shop responsible for paying for it? If not, why?

:roll: <-- There you go, gregster. :lol:

why will the SHOP be responsible for it??? An insurance company will be responsible for it.

Gregster - if you don’t have anything sensible to add then just go away!

If the driver had liability only, would the shop pay since it is a work related expense?

Even if insurance did pay, why doesn’t the shop pick up the deductible and increased premiums?

You know what, you’re right. I don’t like dominos so I’m going to go work there as a driver and just crash my car on purpose and make them pay for it… :roll:

Cause afterall, it would be their fault I crashed b/c I’m on the job.

So you DO agree that a store is liable for damage to a drivers vehicle while on the job?

You sure are a bright one…

Steve…No personal attacks please…I was called on it, so were a few others here…That being the case, we need to keep a level, fair playing field…

Thank you! :smiley:

dman, there is a significant difference between the comments you made and the comment steve is making. If you want to start making issues with people you are going the right way about it.

If he crahsed into a lamp post, which fell on a house and killed someone… what if what if - who knows?

The post was about what time he should clock the guy out. If the poster wanted advice about responsibility he’d have posted the question wouldn’t he? Now stop trolling every single post which has the word driver in it!!

So is that a yes or a no?

The post was about what time he should clock the guy out. If the poster wanted advice about responsibility he’d have posted the question wouldn’t he? Now stop trolling every single post which has the word driver in it!!

This is my take on when a person should be clocked out. You stated that that car accident happened on the clock. That means it is a workman’s comp claim. If a person was injured on the clock and had to go to the hospital I would clock them out after they were released from the hospital. If they required medical attention because of a work related injury then they were still “at work” while at the hospital …

Just my thoughts on the matter…

Jim Pohle

P.S. I am not a lawyer but I do have the phone # s to a lot of labor attorneys if you would like me to ask one I would be more than happy to ask a real lawyer on Monday if you like.

It’s quit simple, really. He should have been clocked out the minute the store was notified of the accident. As far as who pays what, workmans compensation will cover him, he was on the clock at the time of the accident. The driver’s personnal car insurance pays for the car.

I am assuming you meant until their scheduled time to get off and not for four days or whatever.

I do not know the laws regarding this but the decent thing to do is at least pay them until the end of their shift. I doubt you legally have to in Texas, but what is legal and what is the right thing to do are not the same. I have also participated in contribution drives to help drivers who, through no fault of their own, were injured in an accident. Just something to help them with any deductibles or uncovered bills as many only carry liability.

That is the crux of the biscuit for the whole labor relation deal.

An honest owner will do what he/she believes is right regardless of what the law allows. An honest employee will do what he/she believes is right regardless of what the law allows. A dishonest employer will use the law to take advantage of his employees. A dishonest employee will use the law to take advantage of the employer. If an employee and an employer cannot agree on what is right and fair, they should part ways. I see no reason for all the unnessesary garbage accompanying this issue. If I mistreated my employees they would quit and I would be shafted. If an employee abuses my business or customers he/she is terminated and they are shafted. Life can be simple!

Well said, Rick.