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 8 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.


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.