Who can he go to for advice? (Car accident in Company vehicle)?

March 23, 2009 by admin · 5 Comments
Filed under: Blog 

Almost a year ago, my boyfriend got in a minor accident in a company truck. I think that the accident would cost $1500 in repairs, and thats being generous it just needs a new bumper.
He did not sign a contract to drive the company vehicle, and the company said he was allowed to drive it on private time up until 100km from the house (the accident fell under this criteria – was on personal time).
Through out the rest of his employment with the company up until the end of January they never mentioned him having to pay for the truck at all. He got laid off a month ago due to the bad economy, and at that time he sent them a letter requesting overtime they owed him (a little over $1800). Through his employment they told him that they dont pay overtime but I checked the employment standards website (We live in Calgary, Alberta) and they owed it to him. To this, he worked overtime for something that the company would have not completed without him and have lost a lot of money. Poor ethics. They told him before he'd get paid, and after told him they'd take it into consideration at bonus time, and then did not give a bonus to anybody.
They sent him a letter back totally ignoring his request for overtime and preceded to tell him that he owes THEM money. 2 weren't legit, it was them screwing up which is legally considered a gift.
The third was telling him they never received payment for the damages to the truck, of which they never asked for. Further than that, the woman who wrote the unprofessional letter got all the details about the accident wrong.
What are his rights in this case? He talked to a retired lawyer who said he wasnt liable because he didnt sign a contract. I am taking business law and talked to my teacher who said they could sue him. I think the company is going bankrupt (home building company) so I dont know.
Any advice?
Ok a few things, the first is that they have not made anyone else pay for damages to their company vehicles, and they have all damaged their trucks, which is why hes is hesitant. They also have insurance to cover this which they were going to use before. They never even mentioned it when they laid him off which would have been the time to do it.
For the legal gift thing, theres a law in canada that if person a writes a cheque and hands it to person b, person a is agreeing to the 'contract' of the cheque, and person b is agreeing to the contract of the cheque upon cashing it. It actually works in all areas for things like retail.
And they told him he owes them money for days he took off over a year ago and they paid him for, which also in canada you can not claim things past 6 months back.
Thank you everyone for the insight! I am so biased so I need to hear real life.

He got in the accident on his own time. Even if he's not legally liable for it, he should still be responsible.

As for the overtime he's owed, I would treat that as a separate issue. Get together proof that he worked the extra hours (does he keep pay stubs, for example) and then talk to a lawyer.

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