How to handle a ticket in a company vehicle

Q         Can an employer deduct the cost of a parking ticket or a moving violation from an employee's pay?

A   Other than the usual tax withholdings, you may not withhold any pay from an employee without her consent or a court order (as in the case of a wage garnishment). Even when an employee agrees to such a deduction from pay, you could violate the law if the deduction causes her to make less than minimum wage.

If, however, an employee shows insubordination by getting repeated parking tickets despite being instructed to only park legally, you may exercise some form of discipline in keeping with your policies and past practices. If she proves to be a dangerous driver, such as being cited for reckless driving in a company vehicle, you are well within your rights to reassign her to a position that doesn’t require operation of a vehicle or fire her.

Eric Loman is an attorney with Jackson Loman Stanford & Downey, P.C., in Albuquerque, New Mexico. You can reach him at eric@jacksonlomanlaw.com.