• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Resignation and Liability for a Company Car

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jager

Member
I verbally submitted my resignation to my former company this past Monday morning (Oct. 15th) via a phone call to my former boss/owner effective immediately. The phone conversation was very cordial. I had been passively seeking employment for the last 6 months. I just accepted a fantastic opportunity with a company this past Saturday afternoon and began working for my new company this past Monday. I spent this past Sunday cleaning the car and loading it up with all of the former company's property and left it with the keys in an envelope labeled 'ABC/ACME Co' at a secure place they can locate and pick the car up at. I receive the following email from the former boss/owner:

"Good morning Jager,



Your resignation is official as of Monday, December 15th, 2018 at 9:44 A.M. After this date, you will not receive any compensation, commissions, or benefits.



I believe you are eligible for continuation of our healthcare plan, for a certain period of time and at your expense. The rules for continuation are dictated by state. I will check with our insurance representative for further information. I suggest you research healthcare continuation from your end as well.



I need to check with our 401(k) administrator as well. I believe you will be required to “rollover” your 401(k).



Please be keenly aware of the following:



You are responsible for the company vehicle, including any damage to the company vehicle, until it is returned to ABC/ACME Co. office, or until I take possession of it.
You are also responsible for any company property, materials, and/or samples until they are returned. If they are not returned, we will send you an invoice for the cost of their replacement.
You are bound by a non-compete contract. If you decide to seek employment at one of our direct or indirect competitors, within the timeframe of our contract, then ABC/ACME Co. will enforce the non-compete.



Good luck in your future endeavors,

Sxxxxxxxxx


I do not fully trust my former boss (one of the many reasons I decided to leave the company in the 1st place). I have decided to respond to this letter informing him where and who to contact in order to pick up the car and it's contents. I will also state that I am no longer with the company and have no more responsibility for the car/contents. FWIW, my former boss has contacted the person I left the keys/car with and stated he will make arraignments to pick it up next Tuesday/Wednesday, October 23rd or 24th. So where do I stand regarding responsibility for this car?

TIA, Jager
 


quincy

Senior Member
I verbally submitted my resignation to my former company this past Monday morning (Oct. 15th) via a phone call to my former boss/owner effective immediately. The phone conversation was very cordial. I had been passively seeking employment for the last 6 months. I just accepted a fantastic opportunity with a company this past Saturday afternoon and began working for my new company this past Monday. I spent this past Sunday cleaning the car and loading it up with all of the former company's property and left it with the keys in an envelope labeled 'ABC/ACME Co' at a secure place they can locate and pick the car up at. I receive the following email from the former boss/owner:

"Good morning Jager,



Your resignation is official as of Monday, December 15th, 2018 at 9:44 A.M. After this date, you will not receive any compensation, commissions, or benefits.



I believe you are eligible for continuation of our healthcare plan, for a certain period of time and at your expense. The rules for continuation are dictated by state. I will check with our insurance representative for further information. I suggest you research healthcare continuation from your end as well.



I need to check with our 401(k) administrator as well. I believe you will be required to “rollover” your 401(k).



Please be keenly aware of the following:



You are responsible for the company vehicle, including any damage to the company vehicle, until it is returned to ABC/ACME Co. office, or until I take possession of it.
You are also responsible for any company property, materials, and/or samples until they are returned. If they are not returned, we will send you an invoice for the cost of their replacement.
You are bound by a non-compete contract. If you decide to seek employment at one of our direct or indirect competitors, within the timeframe of our contract, then ABC/ACME Co. will enforce the non-compete.



Good luck in your future endeavors,

Sxxxxxxxxx


I do not fully trust my former boss (one of the many reasons I decided to leave the company in the 1st place). I have decided to respond to this letter informing him where and who to contact in order to pick up the car and it's contents. I will also state that I am no longer with the company and have no more responsibility for the car/contents. FWIW, my former boss has contacted the person I left the keys/car with and stated he will make arraignments to pick it up next Tuesday/Wednesday, October 23rd or 24th. So where do I stand regarding responsibility for this car?

TIA, Jager
What is the name of your state?
 

HRZ

Senior Member
Personally I would think it a lot smarter to deliver it to ABC office even if it's 250 miles away and make NO comments whatsoever about anything to anybody .

You may darn well be responsible for company property until surrendered ...and are unwise to test the point ...and unwise is the point comes to attention of new employer.
 

Zigner

Senior Member, Non-Attorney
You need to get a written receipt for the car. Before that happens, you are responsible for it.
 

eerelations

Senior Member
As you've been told elsewhere, the car is legally your responsibility until it is on your former employer's property. Please note that the law doesn't change from website to website.
 

quincy

Senior Member
I live in Minnesota, The company is located in Des Moines, IA. The car will be driven by the new salesman the company is in the process of hiring.
Thank you for providing your state name.

I agree with the others.

I think you need to hope the car is not damaged or stolen, and your former company's property is all safe and accounted for, when the car is picked up on Tuesday or Wednesday of next week.

It is not a gamble I would want to take.
 

justalayman

Senior Member
You left the keys with the car? Holy cow dude. You better hope nobody finds the keys and uses them to steal it. Leaving the keys with the car is, at least, negligent and possibly gross negligence.


You need to get the car and keys and protect them like it was your car.
 

Zigner

Senior Member, Non-Attorney
You left the keys with the car? Holy cow dude. You better hope nobody finds the keys and uses them to steal it. Leaving the keys with the car is, at least, negligent and possibly gross negligence.


You need to get the car and keys and protect them like it was your car.
To be fair, the OP says he left the keys with somebody who has since been in communication with the boss. Not the brightest idea, but far better than just hiding the keys behind the visor...
 

HRZ

Senior Member
IF somebody takes the car out on a joy ride and smashes it...guess who is still responsible ? Be proactive to be sure car is returned to authorized party , written receipt! Don't test your boss's ability to make your life difficult .
 

Jager

Member
The keys were left with someone I know and trust. The car is locked up in an area with fences that are approx. 7ft. high. The area is well lit through out the night with surveillance cameras.The likely hood of the vehicle being vandalized is EXTREMELY low. NO ONE will be taking it out for a joy ride. If my previous owner is honest there will not be an issue when he come to pick up the car. As I stated in my original post, I was seeking advice on whether or not I am liable for the company car having resigned from the company. I am 99.9% sure the car is still in the condition (with the the same milage) as when I dropped it off this past Saturday. Oh I forgot that it rained, I guess it has water spots now... :rolleyes:
 

HRZ

Senior Member
The car may well be safe...good !

Writing comments to ex boss is unsafe ...just make a clean no comment exit.
 

cbg

I'm a Northern Girl
If your trust is not misplaced and nothing happens to the car, then fine; no harm, no foul.

If you are mistaken and something does happen before the employer has it in possession again, however, then you are 100% responsible.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top