If a person is robbed while at work, are they responsible for the money stolen?

A friend of mine drives a taxi and was recently robbed at gun point while at work. He was notified by his company to pick up the person and the address, he picked them up, drove to the location given and was then robbed. He called the police as well as the company immediately following he robbery. The taxi company takes 50% of all money he earns (excluding tips), he pays for the gas used and he is also required to pay for insurance with them. When he called and told them he was robbed they let him know that he was still responsible for that 50% of the money that he would have given if he had not been robbed. To me this seems crazy, you get robbed and you have to pay the company the money that was stolen? Isn’t this the purpose of insurance? So what I am wondering is if the company is actually legally allowed to be doing this or if they (or my friend) should be filing this with the insurance company.

Asked on June 12, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An employee or an independent contractor can be held responsible for 1) any money he deliberately takes or costs the company; 2) any money lost due to his negligence (or unreasonable carelessness); or 3) any amounts he has agreed to be responsible for. 1) or 2) would not seem to apply, so the issue is whether the agreement (whether written or oral) between your friend and the company would require him to pay this money. It is possible that it might; if he agreed to pay, say 50% of the metered amounts, then he would be liable for that even if the actual cash were taken from him (since  the key issue is what was metered, not what is on hand); whereas if the agreement was he gives the company 1/2 of the cash he has on hand at the end of the night, less tips, he would not. It depends on what he agreed to in driving for them.


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.