What to do if my employer mailed my tools through UPS but they lost them?

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What to do if my employer mailed my tools through UPS but they lost them?

I am a Journeyman Electrician and was terminated for bad communication. My tools as agreed were to be mailed via UPS. UPS lost my tools. My former company did not insure my tools, spoke to UPS and my company via three way looking for resolution, none was found and UPS says since the company did not insure my package they are not liable. The company on the other hand says it’s not their problem, that my problem is with UPS. How can I hold these people accountable? What is my best option legally? The value of my tools and luggage is easily $5000-$7000.

Asked on April 10, 2019 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfortunately, you do not have any recourse other than to submit a claim to your own insurance (e.g. homeowner's), if you have relevant insurance:
1) The employer did what it was supposed to, by sending the tools with a reputable character. Having used a reasonable means to send them, they are not liable for what happens once the tools are out of their hands and into UPS's hands. They would only be liable if they did something wrong, but they did not.
2) UPS is not liable under the terms of their service (the terms for using them) if insurance was not purchased. When a service is used, it can include terms limiting its liability.


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