If it is suspected that my personal vehicle was vandalized by a fellow employee in the company parking lot, what can I do?

Asked on March 23, 2011 under Criminal Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) You can sue the employee, if you think there is evidence to prove he or she did it. You can sue for the cost of repair.

2) You can report the crime--since vandalism is a crime--to the police and press charges.

3) IF the employer had prior notice that this employee either generally was a threat (e.g. had vandalized other property) or had made threats specifically against you, you may be able to sue the employer as well for "negligent supervision." However, if there was no reasonable way the employer should have been on warning or anticipated this, the employer would not be liable.

4) You might be able to get  some sort of protective order against the employee.

5) The company may choose to take employment action--e.g. fire the other employee--if they are notified of this, but they don't have to; however, if they are notified and do not take action, then they may be liable for subsequent harm done by this person.


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