When an employee is in an auto accident during business hours and the other driver decides to file a lawsuit for damages who is liable the employee or employer?
If the employee was in a company vehicle, on company business, then the other driver would suit the company. But it also depends on where the accident took place, as the laws differ.
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\n. \n Parental Liability for Children's Actions \n. \nYes, they are through their homeowners policy.
Is the company liable if an employee was asked to take another employee to the hospital and has an accident during the trip?
Answer \n. \nIn General No, The party that caused the accident is liable. \n. \nHowever, If You were driving a company provided vehicle a the time of the accident, then the company may have some secondary financial liability depending on the circumstances of the accident.
Who is responsible if an uninsured unlicensed employee driving a personal auto for company business has an accident?
Answer . \nWell as described, I would say everybody is irresponsible!\n. \nGenerally, an employee acting on the commands of his employer makes the employer liable for those actions - more likely "also" liable - so the employee may not be entirely in the clear, albeit less of an attractive targe…t. (MORE)
unlicensed driver may sue for damages . \nUnless you sue in a contributory negligence state (meaning if the plaintiff was in any way at fault they are not entitled to relief), an unlicensed driver may sue the other party for negligence. Depending again on the state you are suing in and if they a…re a pure comparative negligence (ny) or modified comparative negligence (nj) your relief will possibly be reduced by your amount of fault. If in a modified comparative negligence state, if you are more than 50% at fault you are barred from recovery. (MORE)
Well i dont know if you are legally, but i busted a hole in the wall, well working as a hire for a sub contractor, and if the customer complained, then i was fully responsible for the repair bill.
Answer . \nFor some things -yes. He is a part of your business. Now if you sell shoes and he sold a car or got a girl pregnant That was not in your hiring booklett.
If an employee is on his way to work and driving a company car and has an accident is the employer liable?
Answer . In most cases, the company's insurance carrier will pay for damages, as long as the fault causing the accident was not caused by the employee. The employee here is representing the company in this case - if the employee is charged with negligent driving and was cited for causing the a…ccident, the company insurance carrier will most likely pay, but will seek restitution from the employee. Could get into a real sticky situation. (MORE)
If an employee is on his way to work and driving a company car and has an accident and is at fault is the employer liable What if the employee is DUI?
Answer . The employee, driving a company car, intoxicated and on the way to work!! This has to be the most ... ... ... The employee will be terminated no doubt, and will be charge with causing the accident, and will face a possible lawsuit by the other party. In this case, the company insuranc…e carrier will NOT pay out a dime. Negligence on the part of an employee is not usually covered in anybody's insurance policy. (MORE)
If you didn't file a police report after a minor auto accident when the other driver and you agreed at the site to settle what info do you need to file a report?
If you're talking about a police report, you'll need to provide the officer with your name and insurance information, as well as the date, time and location of the accident. Be sure to also include any information you have on the other driver (name, insurance company and policy number, vehicle make/…model and plate #).. There's no guarantee that the police will even take the report if it wasn't reported right away, but you can try. Also, in most states, if the accident occured on private property (including most parking lots), they won't even send an officer to take a report.. Hope this helps (MORE)
Who is liable in a car accident where the driver at fault calls the police the other driver leaves the scene and no police report is filed?
The driver at fault is liable for the collision, regardless of the other driver's actions post-collision. The fleeing driver may later be brought up on Hit and Run or Leaving the Scene of an Accident charges, but that will not change the at fault liability.
No because if they're undocumented they should'nt even be working there and it's illegal to have an undocumented employee so you can get in trouble as well.. An undocumented employee is illegal to have, and they can file a lawsuit, but their employer may get in really big trouble, and so will they.… (MORE)
unfortunately they do now in some cases. As yourself, does the. catholic church have the right to monitor it's priests around children. when the priest isn't working?
The period which an employer must keep a terminated employee's filewill vary depending on the particular situation. It is advisable tokeep it for up to two years for purposes of reference in case asuit is filed.
Yes, unless the employer is basing this off of the employee's race. Good answer. Contrary to what you might think, paid time off is utterly unregulated. An employer need not offer ANY paid sick leave or vacation. Employers can provide it to all managers and no hourly workers. But, as noted above,… you cannot base compensation (pay AND benefits) on race, sex, age, disability, religion, ethnicity, union membership, or veteran status. In some states you can't consider homosexuality. (MORE)
What will be the consequence if an employee of a business are in an accident and do not have the correct drivers license?
The employee will be personally liable for any fines or sanctionsfor driving without a license. However, the business will beresponsible for damages if the employee was driving as part of workresponsibilities.
An employer is absolutely and strictly liable for any injuries his employees sustain while in the course of their occupation. Fortunately, most states have adopted "sole remedy" laws that provide a great deal of protection, for employers, from employee lawsuits, as long as the employer has purchased… workers compensation insurance. Talk to a local broker or agent to clarify the laws in your jurisdiction. (MORE)
It depends very much on the benefit your talking about and the type of bankruptcy and the specific plan. Qualified pension plans are protected and would be taken over by the governments PBGC, with basically no loss to participants. If things like group healt are lost, COBRA kicks in. It all depe…nds. (MORE)
Usually 'banking' hours is not allowed. You have to be paid for every hour you work, and get time and a half for any hours over 40.
Actually, for a least a short time they have to, by law. That is, any wages not paid and earned from the pre-petition periods (before BK), must be approved by the court, etc to be paid. The reality is this is almost always done very quickly (like 1 day) after filing. Paying wages is given a very …high and important status by all. Anything earned AFTER filing BK is payable regardless - and not doing so 9not keeping current) is acted upon by the court...and the court regularly reviews to make sure all POST petition things are being paid. (MORE)
Actually, the employee must be sued in order for the respondeat superior doctrine to apply. Respondeat superior doctrine only imposes liability on the principal for tortuous acts committed by the agent; the agent must therefore be found guilty of having committed the tort before any liability can be… assigned to the principal. S.C., Paralegal Sciences Major, Kaplan University. (MORE)
You are referring to the doctrine of Respondeat Superior, where a principle may be liable for the actions of his/her agent. The answer is, it depends on the action, the employment arrangement, and local law.
No, they will give you the current book value of the car at the time of the crash.
Are we liable for the auto deductible when we were hit from behind and the other driver left the scene of the accident. We have the police report stating this to be true.?
It depends on the state you live in but as far as I know if you are involved in a hit and run and you are NOT AT FAULT, the insurance will more than likely waive the deductible. Make sure you have a "COLLISION DEDUCTIBLE WAIVER" clause somewhere listed on your policy, usually it's included with full… coverage policies. (MORE)
Unchanged from before.. That isn't to say you won't experiences changes, maybe even loss of work/job. But the BK involves creditors and may change their rights, employee rights, to safe workplace, etc. aren't involved. You never had a right to employment...US employees are employees at will..of the… employer. (MORE)
yea, either 8 or 10 but pretty sure your suppose to get a 10min or half hour break (depending on what you want)
No...the employer...both corporate and personally is responsible.. This is a criminal and fraudulent act that will be pursued by tax and legal authorities vigorously. The penalties are sever and jail time is common. The employer is stealing US Government trust funds....a very bad thing.
Identify and explain circumstances under which an employer is liable for the injury of an employee working in an industry?
If you are hired to work in a factory, your employer is required by law to provide a safe working environment. Under a variety of federal and state laws, your employer is required to supply safety equipment such as visors, coveralls or high visbility clothing, places where you can wash yourself in c…ase you come into contact with dangerous chemicals, etc. Try looking up "Work Safety" legislation or "Occupational Health" codes. (MORE)
Form 1099-MISC is miscellaneous income. The Payer (person or business giving you a Form 1099-MISC) considers you as self-employed, not an employee. They're required to file a 1099-MISC form whenever they pay at least $600.00 for services, rents, etc. If you've been paid less than $600.00 and the Pay…er isn't filing a 1099-MISC form, you still are required to report that income. Not receiving income forms such as 1099-MISCs or W-2s (Wage and Tax Statement) doesn't mean that you don't have to report the income. (MORE)
Yes - even in the absence of a workers comp policy, the employer is responsible for a work related injury
In court, no. However it cannot go without consideration that if employee was trained to use said equipment and caused damage, the employee may consider contributing to repairs.
If an employees car is vandalized in the employee parking lot is the employer responsible for damages?
No, the employer is not responsible. Even if it is a private parking lot owned by the owner, it's no different than your car being vandalized and broken into at Wal Mart. Where you park is your choice at the end of the day, and the owner of the lot is not responsible for those that come onto the… lot and commit crimes. There is no argument for you being forced to park there because you work there. It just doesn't work that way. (MORE)
A salaried employee has the advantage of having special benefits, including bonuses, more time off and usually a lot more money. Unfortunately that also means a lot more work, usually as long as it takes to get the job done.
Yes, if the employer knew or should have known of the supervisor's actions and further if the employer has taken no steps to train employees about acceptable workplace behaviors.
You have the right to file for unemployment, but if you receive a severance package from your employer you may be violating the terms of your severance package by filing for unemployment.
If you mean filing with the unemployment office, generally he would only need to respond to the office's investigation concerning a claim by a worker. Because every state has their own requirements, when it comes to employers, it's best to check with your own state's
In at will employment states, yes. In these state, an employer can fire an employee who has tuna for lunch instead of ham. They need no reason to fire you. In all states, if you are employed in a position where you handle money, accounts, or are required to maintain a certain level of responsibility…, then yes. The bankruptcy demonstrates for the employer that you have a certain level of irresponsibility in your life, and can terminate your employment, especially those employers who obtain a credit report on you prior to your initial higher. (MORE)
a Employers are individuals, companies and government agencies who direct and control those who work for them. Employees are paid workers who permit an employer to direct and control their work, and provide them tools and supplies. Workers who control their work and supply their own tools and supp…lies are not employees - they are self-employed independent contractors. (MORE)
I am sure that your state unemployment office is able to work around that issue. You have to visit the unemployment office and talk to an employee explaining your situation and that you are not yet ready to file, but soon. He/she will probably give you forms to give to your employer and that you ret…urn the forms to the office and they will process the forms and then you are able to collect. ans Yes, in fact it essentially fast tracks the process and makes it easier, (presuming the co closed becasue of it). An employer pays unemployment charges while it operates, even if it never fires anyone, and that protects the future. (MORE)
If the damage was cuased by the employee's negligence, inattention, or failure to carry out their duties properly, it is conceivable that the employer could dock their pay for the damages caused. If you work under the protection of a labor contract, you would have to check the provisions of your con…tract to determine if this was permissible. OR - you could check with your state government Dept of Labor. (MORE)
No one "files for" FMLA with some agency - it is a unilateral grant from the employer. Once the employer has enough info to know whether the employee qualifies or does not qualify for FMLA, the employer MUST issue a letter announcing whether it it granting or denying FMLA. EMployees need not reque…st FMLA to get it, but must comply with employer demands for medical certification. (MORE)
The statute of limitations on personal injury as well as injury to personal property is 3 years in Michigan. You should immediately seek professional counsel if you have anymore questions.
Yes, as long as the statement is factually correct; "We investigate Jim for sexual harassment, then fired him based on our findings." The employer has no liability for reporting those FACTS, and need not prove to anyone that you actually committed sexual harassment (or theft, or absenteeism, etc.)
I can tell you first hand that after more than 7 years an assistant manager makes around $10.00 to $11.00 per hour!!
As long as the business has the driver listed as a driver/employee of the automobile, they should be covered.
If you mean can an employer compel an hourly employee to work without pay, then no, never. Hourly employees must be paid for all hours worked.
Yes, while at work and No not when the current employees are not at work or on work property. There are exceptions of course but generally speaking an employer cannot stop free people from assembling in public areas, or better yet the privacy of your own home.
Yes, if the employees are different classes -- such as full-time versus part-time, or year-round versus seasonal. Even under the health reform employer mandate, the employer is not required to offer coverage to people working less than 30 hours per week or fewer than 120 days a year.
Employees do the work that generates the profits which allow their employer to pay taxes. But you will not find a deduction on the employees pay stub which reads, this amount deducted from your pay to cover your employer's business tax.
Absolutely your business could be liable if the person is working for you at the time. Their insurance would be primary but you could be found secondarily liable. You can purchase a coverage called hired and non-owned coverage as an amendment to your business auto or liability insurance which would …provide you coverage for this type of incident. The coverage is usually very inexpensive as it is secondary coverage. (MORE)
There are a lot of factors that go into determining how long an employer can make an employer work. Some employers can force people to work for up to 24 hours a day, with one day off. Other employers can't force someone to work more than 8 hours a day.