What is an employer’s liability for an employee’s off-duty actions?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is an employer’s liability for an employee’s off-duty actions?
We own our own mobile detailing business and years ago we had a guy working for us tha,t as a favor, did a friend’s car. Our business didn’t have anything to do with it. The friend is now calling us saying that we ruined the paint and he wants us to pay for it. We have explained that the business had nothing to do with it but he is threatening to get a lawyer. What do we do?
Asked on September 2, 2010 under Employment Labor Law, Washington
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
An employer is liable for the negligence of the employee which occurred during the course and scope of employment.
Since the employee or former employee painted the car on his own outside of his employment with your company, he was not acting during the course and scope of his employment with your company. Therefore, your company is NOT liable.
You said that this happened "years ago". Depending on how many years have elapsed, the statute of limitations may have expired which would bar your "friend's" claim / lawsuit.
You should assert these arguments in the event any lawsuit is filed. Depending on the amount of damage to the car from the paint, this may be a Small Claims Court case where there aren't any attorneys if your friend attempts to file a lawsuit.
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.