Can I sue a former employee for damages caused because he lied about his qualifications and experience?

I am looking to get paid back for the damages caused by a truck accident with over a $1000 in damage, miscellaneous costs, plus any legal fees.

Asked on September 17, 2014 under Employment Labor Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF the damages were caused by him not having the qualifications (e.g. a CDL) or the experience (e.g. truck-driving experience he claimed, so that the lack caused or contributed to the accident, then you may be able to sue him for your losses--though probably not for your legal fees; in the U.S. legal system, it is very rare to recover legal expenses from the other side unless there is a written contract or agreement specifically providing for legal fees. Therefore, it may not be economically worthwhile to take legal action.

And if the thing he lied about had nothing to do with driving a truck (e.g. he lied about having a high school diploma, which does not affect driving), then the lie would not support a legal action.


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