Can your employer make you pay for damage to a carif they knewyou didn’t have a license but toldyou to drive anyway?

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Can your employer make you pay for damage to a carif they knewyou didn’t have a license but toldyou to drive anyway?

Asked on December 18, 2011 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

They may be able to, since even if they were negligent, or careless, in asking you to drive the car when they knew you did not have a license, you would certainly be negligent, or careless, in actually driving it--you could have refused, even if you were worried about your job, rather than do something illegal and dangerous. (There is no right or privelege to do something illegal or dangerous just because an employer asked you to.) When both parties are negligent, it may be possible for one to still have to pay at least a portion of the damages.

The extent to which you, and not your employer, would be liable would depend on the exact situation--for example, did the specific person who asked you to drive know about your lack of a license? For a more definitive answer as to your liability, you would need to consult in person about the specifics of the situation.


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