company liable if employee drives with out a license

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company liable if employee drives with out a license

We have an employee that does not have a valid license but still drives. Certain
times he may transport a new employee in his personal car – is the company liable
if he was involved in an accident with the new employee in the car?

Asked on April 13, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF you didn't know about his lack of license, you would most likely not be liable, because you would have done nothing wrong. However, if you know--as you do--that he lacks a license, and so is legally an unqualified driver, you could be liable if he is driving for work, including transporting a new employee at company direction, because in that case, you contributed to or caused an unqualified driver to drive. Now that you know, you should tell him--both orally and in writing--that he may not driver other employees to, from, or for work, and may not drive for work in any way (he can commute to from work; but he can't do any other driving for work); and also provide all managers a memo to not ask this person to drive for work. That way, you can protect yourself if there is an accident, by showing you did not order, encourage, etc. a licenseless driver to drive.


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