Quote:
Originally Posted by Padre
He was on the employer's property with keys entrusted to him by the employer, so the employer is responsible for property that he damaged, yes.
If the employee had broken-and-entered, he'd be in jail now for grand theft auto - the police would have charged him regardless of the wishes of the employee. Hence, the "unauthorized use" charges.
And who said he's suffering NO liability? He lost his job and is facing (possibly) some criminal charges.
Under these circumstances, it's the employer's responsibility to hold his employee liable, not the innocent party (though he COULD try in court and get a settlement he'll never see).
The theory of "deep pockets" applies here. And in this case, it's both legally and morally correct.
A no-brainer sickens you?  
Padre |
I was not referring directly to this case per se' but what some of the comments here. If you read some posts people are saying that an employer should be responsible for his employees actions period. Even after work.
BUT, in this case the car was locked up adequately and was stolen after hours. How is the dealership supposed to keep this person out? He has to have the keys at some point when working. Hell, he could simply make a key without the dealers knowledge. The dealer should be screwed for that?
If I were on a jury I'd hold the employee responsible and not the dealership. (given the info we have)
The 'No-Brainer' part is the dealership just making it right as a good business decision and the right thing to do.
I've seen employees screw all kinds of shit up. Wreck trucks, dump loads, ruin freight in the warehouse and everything. ZERO had to pay for it. The company takes the loss.
So yes, it sickens me to see this mentality of employees on one hand claiming that they deserve more and more because of all the risk and sacrifice they make and on the other hand take ZERO of the accountability and liability. Loss of a job is NOT accepting liability. Liability is PAYING to make it right. Which I doubt very seriously this guy will. He lost his job. That may be accountable to the employer but is not accountability where it needs to be which is to the owner of the car that was ruined.
Again, assuming that we have an accurate story.