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Employee's Fault?

Southards
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Southards Enthusiast

Southards

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So, just before Christmas our main tech was test driving a finished vehicle. Being an overheating issue, he wanted to put it under pressure and choose to go up a nearby steep road. It was a rainy dark day and even darker due to being closer to closing time. When he returned he showed me that he had had a dog run out in front of him and he swerved to miss it. This sent the right front fender and headlight against the side of the embankment and crunched both. I sent him back to find the address and the "dog", under ins. policies, if a homeowners' animal causes an accident, that homeowner is responsible. Now it's later and darker, and he says the dog isn't around and not sure at what curve of the road the impact happened.

Here's is main problem.... Insurance said the car would be considered a total because the estimate from the body shop for a lens, fender and bumper (that it did not need) exceeded the blue book value. This is not acceptable to me or my customer, it's actually completely ridiculous! I can get the parts (lens and fender), my mechanic can install both and include an alignment, but I am expecting my mechanic to pay for the parts. I am sure many of you are gasping at my selfishness right now, but when does it come back to "YOU SCREWED IT UP, YOU FIX IT"! As I said, I was going to turn it into my insurance, but that backfired.

Brianp Enthusiast

Brianp

Posted
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I once had a tech rear end a person in a vehicle we were test driving I had it repaired wiht no problems. Im not sure WhatI would do in your shoes but I would say it would be at my expense if it was truly an accident.

Southards Enthusiast

Southards

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A few things bother me. Is the tech someone with a questionable past? Has anything like this happen before with this tech? Accidents do happen, that's why we have insurance. I don't understand why he can't find the exact spot where the accident took place. And, if he hit the dog, where is it?

 

In any event, have you spoken to the owner of the car? Does he/she want it fixed? Can you make some sort of deal. You need to remember, the very first thing that will suffer is not the cost of the repair but your reputation if this is not handled right.

 

Our tech has been with us for over 20 years, he's a good guy. The last accident he had was more than 8 years ago. The road he was on is more of a steep county road, not well maintained, lot's of trees, dark, and it was raining hard that evening (4:30ish) keep in mind this was December. I am not sure but I think he may have been on his cell at the time, can't prove it, don't care at this point.

The customer is great, she is really cool about it. I suggested to her that we get the nec. parts, install them, check the alignment and make it all good, she was totally fine with that. She is very laid back, she didn't even want to deal with the car stuff till the second week in January.

My main question is this... I think my tech should pay for the parts. There is no insurance involved at this point because they wanted to total the car, take it away from her and give her a check for $2300. I was so pissed when that was suggested, all because of a headlight and a fender. Need feed back. My upbringing taught me to fix my mistakes and be responsible for my screw-ups.

Southards Enthusiast

Southards

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I don't make the tech's pay for this kind of stuff unless I know they were negligent. For example a guy who bust a tire on a lift arm because he was pulling in too fast pays for the tire. However, this guy has been with you a long time. That should count for something. Maybe you ask him what he thinks is fair. Perhaps you buy the parts and he does all of the labor on his own time or you split the cost of parts and he does the labor.

 

Those were the ideas he and I had as well. I have ordered the parts, the lens is $100 and the fender was $150, both used but clean. He does body work sometimes at his house for friends, he suggested from the beginning that he do the work. I am adding the alignment, even though the tire had no impact, just for the customers peace of mind.

Gonzo Grand Master

Gonzo

Posted
Posted

I would have to agree with most of the comments on this one. But I'll add one more thing to this. When an employee screws up and you as the owner feel like it's their fault and you can prove it do to their neglance... that's one thing. But the other is, they are employees.. they chose not to put a sign up and go into business you and I did. As the owner you ARE responsible for EVERYTHING that happens during the business hours involving the customers cars.

 

What ever way you decide on how to take care of this problem it will lead to whether or not your employee will be around in the future. As much as it pains me to say this... but as the owner it's your pocket thats going to be affected. Not the customer or the employee. If it's not fixed to your customers satisfaction then it's your problem, If the employee doesn't feel that it's a justified problem by his short comings... you're still the the problem.

Either way... it's your problem.

The other advise... try a new insurance company...

 

Those were the ideas he and I had as well. I have ordered the parts, the lens is $100 and the fender was $150, both used but clean. He does body work sometimes at his house for friends, he suggested from the beginning that he do the work. I am adding the alignment, even though the tire had no impact, just for the customers peace of mind.

  • 2 weeks later...
TheTrustedMechanic Community Regular

TheTrustedMechanic

Posted
Posted

So, just before Christmas our main tech was test driving a finished vehicle. Being an overheating issue, he wanted to put it under pressure and choose to go up a nearby steep road. It was a rainy dark day and even darker due to being closer to closing time. When he returned he showed me that he had had a dog run out in front of him and he swerved to miss it. This sent the right front fender and headlight against the side of the embankment and crunched both. I sent him back to find the address and the "dog", under ins. policies, if a homeowners' animal causes an accident, that homeowner is responsible. Now it's later and darker, and he says the dog isn't around and not sure at what curve of the road the impact happened.

Here's is main problem.... Insurance said the car would be considered a total because the estimate from the body shop for a lens, fender and bumper (that it did not need) exceeded the blue book value. This is not acceptable to me or my customer, it's actually completely ridiculous! I can get the parts (lens and fender), my mechanic can install both and include an alignment, but I am expecting my mechanic to pay for the parts. I am sure many of you are gasping at my selfishness right now, but when does it come back to "YOU SCREWED IT UP, YOU FIX IT"! As I said, I was going to turn it into my insurance, but that backfired.

 

 

Like others have posted you are the business owner, you accept all responsibility of actions made on behalf of the business. Before you allow/force your employee to pay for anything, you may want to check with an employment attorney. Many states prohibit the employees from paying for any damage, cash shortages or losses, in some cases even due extreme negligence. Basically it comes down to you as the business owner take all the glory and reward, then you as the business owner take all the responsibility and loss. Like Gonzo so aptly posted, do not make yourself the problem, accept the problem as yours and make it right by the customer and the employee. And if your employee makes you think this was negligence then perhaps you have bigger problems in the making. If this employee is as good and loyal as it seems you are indicating he is, why would you treat this like anything but an accident?

 

This dilemma arises from time to time on many forum boards and the answer is always the same. You own the business and you own the employee's actions, which means you own the damage to the car and the responsibility to fix it.

Southards Enthusiast

Southards

Posted
  • Author
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Like others have posted you are the business owner, you accept all responsibility of actions made on behalf of the business. Before you allow/force your employee to pay for anything, you may want to check with an employment attorney. Many states prohibit the employees from paying for any damage, cash shortages or losses, in some cases even due extreme negligence. Basically it comes down to you as the business owner take all the glory and reward, then you as the business owner take all the responsibility and loss. Like Gonzo so aptly posted, do not make yourself the problem, accept the problem as yours and make it right by the customer and the employee. And if your employee makes you think this was negligence then perhaps you have bigger problems in the making. If this employee is as good and loyal as it seems you are indicating he is, why would you treat this like anything but an accident?

 

This dilemma arises from time to time on many forum boards and the answer is always the same. You own the business and you own the employee's actions, which means you own the damage to the car and the responsibility to fix it.

 

Everyone can stop reprimanding me for my initial feelings. No, I don't need to contact an attorney, that's ridiculous, it was a fricken broken head light and a dented fender, not a fatality. We came to a very good resolve and the customer is good.

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  • Have you checked out Joe's Latest Blog?

    • Joe Marconi
      The Technician Shortage Is Our Fault, And It's Time We Own It
      By Joe Marconi in Joe's Blog
         0 comments
      The Technician Shortage Is Our Fault, And It's Time We Own It
      Nearly every day, I hear shop owners complain: "There's a technician shortage. We can't find qualified people. There's no one out there." If that's true, then who's to blame?
      The industry? The schools? The government? I don't know how you feel, but who promised us an endless supply of qualified technicians?
      Another common complaint is that young people do not want to work in the trades. Well, if that were true, then why are other trades such as HVAC, electrical, and plumbing growing? What are they doing that the automotive industry is not? 
      Here's the reality we need to face: We do have a problem, but we shouldn't look for someone or any entity to rescue us. Not the government. Not the trade schools. Not the recruiting companies. No one owes us a workforce. If we want great people in our industry, it's up to us. At some point, we need to own up to the truth: Building a pipeline of qualified technicians is our responsibility.
      In this blog article, I will break down the key reasons we are in this situation today and what we, as an industry, can do to solve the technician shortage. Are you ready to look in the mirror?
      Have We Pushed Technicians Away?
      Let's take a look at flat-rate pay. True flat rate, which pays a technician only for the hours they produce, is a controversial pay plan that emphasizes high production levels and creates a competitive work environment that, if not properly controlled, can lead to increased mistakes and a decline in morale and team spirit. Additionally, the stress and physical demands placed on technicians as they age are not favorable to long-term employee retention. What do we do with technicians as they grow older into their fifties and begin to slow down? 
      I have heard all the arguments and pros and cons of flat-rate pay, and I am not going to judge any pay plan. Let the facts speak for themselves. True flat rate has changed in most areas around the country and has evolved into a pay plan that gives technicians some pay guarantee.
      Many shop owners have learned that team morale, along with the opportunity to earn income, is important to technicians and to the company's long-term success. But let me ask you: how many technicians have left or been pushed out over the years because of the old flat-rate pay system?
      Another issue is the workplace environment. I remember being grateful to be hired as a young technician at a local repair shop. While very thankful, the work environment was not ideal. The shop owner kept the bay doors open year-round (I am from New York) unless it rained or snowed. He felt that if the bay doors were closed, customers might think we were closed for business. We had no heat and no hot water. Many of the jobs were done outside, year-round,  in all types of weather. The starting pay was minimum wage, with no benefits, sick days, or vacation pay. 
      Now, again, I need to point out that I was truly grateful for the opportunity this shop owner gave me. I learned a lot working there, and the experience was pivotal in my career. But looking back, I wonder how many people were discouraged by these working conditions?
      While the physical demands of the repair workplace are daunting, perhaps even more critical is the culture. Too many of my generation shop owners preached the mindset of "my way or the highway." We were the business owners, after all. We started our companies, took all the risks, and provided jobs. Why shouldn't we be the ones to set the ground rules our way?   
      Many of us found over the years that the "my way or the highway" mentality was a sure way to isolate employees and make them more likely to look over the fence for greener grass. In other words, it led many technicians to seek employment elsewhere, where they felt they could be appreciated and recognized for their hard work. The issue, however, was that there wasn't much green grass around. Disappointment after disappointment, bouncing from repair to repair shop, eventually led to despair. So, I ask you: were workplace conditions a contributing factor in today's technician shortage?
      Another factor that we are all well aware of is the complexity of the modern automobile. When I started, the work was mostly physical, and you were required to master essentially three vehicle models: General Motors, Ford, and Chrysler. Let's fast-forward to today. The evolution of automotive technology, along with the extensive training and tools required, has outpaced the typical technician's pay compensation, with no clear career path. Again, leading to frustration and insecurity about the future.
      Here is the bottom line: people don't leave their job; they leave their experience. We must do a better job. 
      The News Isn't all Bad; Your Next Steps to Fix the Technician Shortage
      To fix the technician shortage, it will take a combined effort from everyone in the automotive industry, particularly automotive shop owners. Shop owners are in the perfect position to make the greatest impact, not only on their businesses but also on the future automotive workforce.
      First, shop owners must become better leaders and understand that their ultimate success is directly dependent on the people they assemble around them. Any shop owner who mistakenly believes they can build an empire solely on their abilities is destined for serious disappointment. Business owners who think like this will eventually plateau. Without the collective contributions from a team of qualified people, your business will stall; it will not continue to grow.
      Create a workplace that attracts top talent: a clean, professional, well-equipped facility designed to support productivity, teamwork, and a career, not just a job. Build a great reputation in your community by getting involved locally. Become the auto repair shop that people take notice of as "the" place to work.
      Next, shop owners must become more financially knowledgeable. Knowing your numbers and what you need to achieve for a strong bottom-line profit is essential to paying technicians the money they need and deserve. Profit will also allow you to compete with other trade industries by providing a benefits package that has real take-home value and security.
      When it comes to culture, this is where the rubber hits the road. People crave recognition, praise, and a sense of purpose. Despite what you hear, people are not just money-motivated. Once people feel secure in their financial situation, retaining and motivating technicians can only be achieved by connecting with them on an emotional level. You cannot show enough appreciation. Give out praise for a job well done as if your business depended on it, because it does.
      As technicians age, we need to have a place for them. Expecting a 58-year-old to perform like a 35-year-old is unrealistic. We need to be more focused on career pathing. Provide training, skill development, and coaching to develop leaders and mentors within our older workforce. While their bodies may have slowed, the knowledge they have gained is priceless. 
      Our future is dependent on young people entering our industry. We need to give more young people opportunities. Every shop owner across the country should consider hiring an apprentice, then build an apprentice training plan and career path for them. If every shop did this, we could solve the technician shortage within five years. Get involved with the trade schools and high schools in your area. Look into the NAPA Apprenticeship Program. Don't sit on your hands with this one. Do it today.
      Lastly, don't get left behind. Commit to ongoing training for all your employees. Keep up to date with tools and equipment tailored to your business model. Don't try to be all things to all people and all vehicles. Identify your core profile customer and the vehicles they drive, and become an expert on those vehicles and the services you offer.

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