Employee leaves job after 5 years, company demands she immediately pays off company car: 'She doesn’t have that amount of money available'

Advertisement
  • a woman stands behind an open car door, as if about to get in the vehicle
  • Company made my sister buy a car, now wants full payment when she resigns. What should she do?

    Location: Oregon, Hillsboro Hi everyone, we need some advice. My sister has been working at a company for about 5 years.
  • During her employment, the company told her to buy a car for work purposes. They said the company would pay for it in full, but my sister would repay the company monthly through salary deductions.
  • She agreed. So far, she has already paid about half of the car's price back to the company.
  • The car is registered under her name, not the company's. Now she decided to leave the company because after 5 years, she still hasn't received any promotion or salary increase.
  • The company is okay with her resigning, but they are demanding that she pay the entire remaining balance of the car immediately.
  • The problem is she doesn't have that amount of money available all at once. There was no clear written contract stating that she must fully pay the car immediately if she resigns.
  • So now we're confused: \-Is the company legally allowed to demand full payment right away? \-Since the car is under her name, does that change anything?
  • Any advice would really help. Thank you.
  • closeup of a woman in a maroon shirt holding car keys on her outstretched finger with papers on the table in front of her
  • Scenarioing Does the contract have an acceleration clause?
  • its_not_soheila Original Poster's Reply They didn't have any contract, just a verbal agreement.
  • andrewse Your sister is expected to pay for the car in full. My question is who paid for the fuel and maintenance required to use the car for business purposes? This could be a substantial amount of money and could be used to offset or fully pay off the remaining balance. owing on the car.
  • its_not_soheila Original Poster's Reply The company paid for the car in full, but my sister covered the fuel and maintenance expenses
  • Current-Factor-4044 I'm confused. Did your sister get a loan on the car or did the company buy the car outright? I understand the car is in your sister's name, but who bought the car and who is legally financially responsible for the purchase price of the car is a little vague If they bought her the car outright it's in her name. There is no lien on the car. Then she should just be able to drive it away. This would be no different than you buying your boyfriend a car outright and he breaks up wi
  • its_not_soheila Original Poster's Reply The company bought the car outright, so there was no interest. She just had to repay the company through monthly salary deductions.
  • JustMePatrick Everything about this is weird. I think your sister needs to speak to an employment attorney.
  • RadLabDad In the event she is liable for this, your sister should go down to her local credit union and finance the remaining balance in her name (since she doesn't have the money). This would be quite easy at my credit union. Don't do something silly like taking on credit card debt. This is a strange arrangement but i think a court would probably make the company whole. This may be by ordering her to pay the remaining balance or give them the car or residual value of the car. There isn't a lot
  • MrCanoe Is the car fully in her name or is the company a co-owner? Did she sign any type or contract? Such as "Employer agrees to pay for the cost of the vehicle. Employee will reimburse employer over x amount of years. If employee departs. before before full reimbursement, employee must pay remaining balance in full" Basically if she has full ownership and the company has none. Then it could be difficult for the company to get that money. If she signed a legal contract, she may get sued for the
  • Disastrous_Garlic_36 >Is the company legally allowed to demand full payment right away? They can "demand" anything they want. If she can't pay she will likely be sued. She can go to court and argue that she shouldn't have to pay it all at once. Maybe the judge will order a payment plan.
  • MagisD This is pointless without the exact wording of the legal contract your sister signed to do this. More info needed.
  • NoYeahNoYoureGood What was the point of them paying for the car outright when she was going to make payments for it? I just don't understand how an employer can "make" one of their employees buy a car and then enforce this type of arrangement. She should definitely get an employment lawyer because this seems fishy and it really seems like your sister got taken advantage of. Not judging, I just can't wrap my head around coercing an employee into paying for a car. The best advice here has already

Tags

Scroll Down For The Next Article