If an employee took a company truck home and said it was stolen from his residence, can I sue him for the loss?
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If an employee took a company truck home and said it was stolen from his residence, can I sue him for the loss?
Asked on February 26, 2012 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unless there was a previous agreement--such as an employment agreement--in place between you and the employee, under which he agreed to compensate you for the loss of the truck while in his possession no matter how or why it occured, you may only sue him and hope to recover the cost if you believe (and believe you can show) that he was at fault in the truck's loss. That means that if you think he collaborated in the truck's theft, or at least was unreasonably careless in causing it to be stolen (for example, left the keys in the ignition), you may be able to recover compensation for the truck. But if it was stolen through no real fault of the employee's, he would not be liable in the absence of an agreement under which he had agreed to be responsible for any loss, regardless of fault.
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