What is an employee’s liability for job-related damages?

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What is an employee’s liability for job-related damages?

My son works for a company taking pictures for a online advertising company. So at a car dealer he moved a car and accindently hit the the concrete bumper causing a a little damage to the bumper. Now the car dealer wants him to pay for it. After the car was fixed ,the bill was over $1700 and he found out that there was more damage to the under side of car which he didn’t do but they want him to pay for. He told his employer and they told he has to take care of the bill or they will take it out of he pay. As a business owner myself, they should both have insurance for this. What is the correct why to handle this? Pay for the bill himself or what? It almost doesn’t sound right.

Asked on November 28, 2012 under Employment Labor Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country an employer is liable for the damages caused by his or her employee during the course and scope of employement. Ordinarily the employer's insurance carrier pays for the damages.

In your son's situation the employer can pay for the damages and then expect the son to reimburse it for the damages. However, the damages cannot be unilaterally taken out of your son's pay check. The employer has to file suit against your son for reimbursement.


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