What is an employee’s liability if at fault for an accident when driving a company truck?
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What is an employee’s liability if at fault for an accident when driving a company truck?
The company that my husband works for has given him a paper that they are saying he must sign. It states that should he ever have a wreck in a company t and be at fault, he would be liable for up to $7,500 (that will then be taken out of his pay). Can they do that?
Asked on April 20, 2011 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) Even without an agreement like this, the driver of a company truck who is at fault in an accident could be held liable for it. The company would almost certainly be liable, too, and would generally be a better target for a lawsuit (more money and insurance); however, the at-fault driver would also be potentially liable.
2) People, including employees and companies, can agree to anything not illegal. Since there is, as discussed above, nothing illegal about an at-fault driver being liable, the company and your husband could agree to this.
3) If your husband won't sign and he does not have an employment contract or agreement of some kind protecting him, he could be terminated (as an employee at will), so he may effectively have little choice in the matter.
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