Is my employer responsible for the theft of my personal vehicle while parked in his secured lot?

UPDATED: Sep 27, 2014

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Is my employer responsible for the theft of my personal vehicle while parked in his secured lot?

It was stolen by another employee of the company who was fired once for theft but rehired.

Asked on September 27, 2014 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, your employer is most likely not responsible or liable:

1) An employer is not the insurer for its employees; it is not responsible for their losses simply because they occured on its premises (such as in its parking lot) or during working hours.

2) An employer is not liable for the criminal acts of its employees, since criminal activity is not part of their job or responsibilities, *unless* pershaps the employer knew *ahead of time* that the employee presented some special or enhanced risk (e.g. he had threatened to steal something; had in fact stolen from other employees or customers; etc.). Hiring the thief back after he stole from you may help the next employee that this person steals from, since now the employer has knowledge of his criminal tendencies, but it does not help you.

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 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.

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