Employee stole company truck...got DUI

Discussion in 'Business Operations' started by DBL, Jun 27, 2006.

  1. DBL

    DBL LawnSite Silver Member
    Posts: 2,219

    we leave the key to our 91 in the ash tray of the truck at our shop. well this morning at 3 am the local police call and ask if i know where one of the trucks is and i say at the shop and they saw no we have it pulled over on the side of the road and have one of our employees under arrest for dui. (his second)...he did not have permission to take the truck and he has to be a morron for getting a dui in the first place. but it pisses me of that we cant trust people and if he had crashed and killed someone first we would be liable for it being in our name, hes not on our policy, and our truck would be splased on the front page of the papers. i just needed to rant on how mad i am
  2. MMLawn

    MMLawn LawnSite Gold Member
    Posts: 3,569

    If you have a true commercial vehicle insurance policy he doesn't have to "be on it" for it to pay out as ALL employees of a company are covered under commercial policys.
  3. K.Carothers

    K.Carothers LawnSite Bronze Member
    Posts: 1,124

    I bet you don't leave the key in the ash tray anymore.

  4. JJLandscapes

    JJLandscapes LawnSite Senior Member
    Posts: 682

    ur fault for trusting them and leaving the key there... not starting anything and u arent the only one as a kid we would go into trucks.. dump trucks and the keys are always in blatant spots...

    i hope u firing him
  5. AintNoFun

    AintNoFun LawnSite Bronze Member
    Posts: 1,807

    i hope you reported it stolen so he gets hit with the theft charges as well...
  6. topsites

    topsites LawnSite Fanatic
    Posts: 21,653

    That would also be the answer of getting out of litigation / liability should anything happen while the truck is no longer in your possession.
    Whether commercial insurance covers it or not, I wouldn't want them to.
  7. Patriots

    Patriots LawnSite Member
    Posts: 185

    You would not be liable - as long as he is not acting in the scope of business, which it does not sound like he was.
  8. MMLawn

    MMLawn LawnSite Gold Member
    Posts: 3,569

    What law school did you grad from? Cause, There are about 3,423,787 lawyers out there that would say different.
  9. Patriots

    Patriots LawnSite Member
    Posts: 185

    Graduated from Texas Wesleyan School of Law, you? Lawyers will sue anyone they can - its called the rule of "deep pockets", they hope for an insurance settlement, but most times the rule of law is not on their side. Even if an employee has permission to use a company vehicle to get to and from work - but goes out boozing and causes an injury accident, the employer is not liable. He acted outside of the scope, in which case the accident and liability is on him, the employee.

    But don't take my word for it, I just mow lawns for a living.
  10. Team-Green L&L

    Team-Green L&L LawnSite Bronze Member
    Posts: 1,776

    This is absurd. First off, the guy should go to jail! Second, do you do background checks? This was his second and he stole the truck. My guess is that he has a record of property crimes. You may want to up your hiring requisites a litlle.

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