What to do if my employer mailed my tools through UPS but they lost them?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my employer mailed my tools through UPS but they lost them?
I am a Journeyman Electrician and was terminated for bad communication. My tools as agreed were to be mailed via UPS. UPS lost my tools. My former company did not insure my tools, spoke to UPS and my company via three way looking for resolution, none was found and UPS says since the company did not insure my package they are not liable. The company on the other hand says it’s not their problem, that my problem is with UPS. How can I hold these people accountable? What is my best option legally? The value of my tools and luggage is easily $5000-$7000.
Asked on April 10, 2019 under Business Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unfortunately, you do not have any recourse other than to submit a claim to your own insurance (e.g. homeowner's), if you have relevant insurance:
1) The employer did what it was supposed to, by sending the tools with a reputable character. Having used a reasonable means to send them, they are not liable for what happens once the tools are out of their hands and into UPS's hands. They would only be liable if they did something wrong, but they did not.
2) UPS is not liable under the terms of their service (the terms for using them) if insurance was not purchased. When a service is used, it can include terms limiting its liability.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.