As a tow truck driver, am I resposible for tow damage or is the company?

Asked on June 28, 2012 under Employment Labor Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

It really depends on if you are a W2 employee or an independent contractor.  As a W2 employee, the company is not allowed to charge you for things you break on the job.  An analogy is that restaurants are not allowed to charge waiters for broken plates.  That is why businesses carry insurance.  Tow damage happens.  It is part of the business.  They know that, you know that, I know that. 

If you are an independent contractor, then you are less protected and they can require you to pay for damage you cause doing your job.

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