questions & answers

Question: Hi, I've been working at a company delivering appliances to house for almost two years, at one of the delivery i end up damaging a driveway (private road sink in ) it was a thin black top road, my employer is making me pay for towing, drive way and truck damage. Can they do that? I ask them why don't they use their insurance and the answer was cause their rates will go up.

Answer: This question cannot be answered without knowing more details.

Generally, employers are liable for employee’s foreseeable wrongful acts when the acts were committed within the scope of employment and not intentional. If the wrongful act was committed within the scope of employment, the employee and the employer can be sued by the person who suffered damages. Employers are only responsible for acts committed by employees and not independent contractors. A.R.S 23-613.01 defines who is classified as an employee. The Internal Revenue Service says, “…an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.” (https://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Defined)

Please speak with an attorney for more information.