Know Your Deen

Islamic QA for North America

If boss commands, then boss pays

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Q. An employee damaged my car. Although my insurance would pay for the damage, there is a deductible that I must pay. Can I deduct this deductible from employee salary?

A. Generally, a damaged car by an employee cannot be deducted by the employer. However, if it can be proven that the accident was out of genuine negligence, and not as a result of a mere accident, then only can the necessary deduction be made. Generally, an employee would not intentionally smash a car!

Examples of intentional negligence would be to drive under the influence of a hazardous substance, recklessness, exceeding the capacities of the car beyond the necessary whilst knowing that it would prove disastrous, or an employee intentionally running a red light, etc.

All the actions must be done without the employers knowledge for it to fall within the judgment of an employee impropriety. Should the employer sanction improprieties, as in the case of rushing the employee to fulfill given tasks, orders, etc. then the liability of the employee would be eliminated as a result of employer commanded negligence and pressures.

Allah Certainly Knows Best.

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