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When is a principle responsible for the actions of an ex employee (ex-agent)?

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bisbradley

Junior Member
say a company fires an employee but fails to collect their uniform and badge and this person acts on the companies behalf and repairs a heating system in a third-party's home. During the repair, the third-party's house was damaged and stuff was stolen. Is the principle (the company) liable for the damages and the ex-employees actions?

Was the ex-employee acting with apparent authority even though he wasn't technically employed because the principle failed to retrieve their gear?

state of tx
 


Taxing Matters

Overtaxed Member
Is the [principal] (the company) liable for the damages and the ex-employees actions?

Was the ex-employee acting with apparent authority even though he wasn't technically employed because the principle failed to retrieve their gear?
This is not an apparent authority problem because the issue here isn’t whether the ex-employer is bound by agreements made by the ex-employee. The issue you raise is whether the ex-employer is liable for the employee’s alleged torts (damages to property and theft of property). The ex-employer cannot be liable for the ex-employee’s negligence under the legal doctrine of respondeat superior because the ex-employee no longer worked for the employer and thus the employer had no control over the employee nor was the ex-employee’s actions within the scope of employment.

However, it might be possible to make out a good claim against the employer for the employer’s own negligence. That will depend on the applicable state law and the exact facts. But generally the argument would be that if the employer had reason to know that the ex-employee might abuse the uniform and badge he still had in his possession and the kind of harm involved here was foreseeable from that potential abuse, then the employer should have made reasonable efforts to see that the ex-employee returned those items so that they were no longer in the ex-employee’s hands. If the employer failed to do that, then the employer may have been negligent and thus liable for its own negligence. I’m not saying that this line of argument will work, but I cannot rule it out either as I’ve not researched Texas case law to see how similar situations may have been treated. The injured party would want to see a personal injury lawyer about that.
 

quincy

Senior Member
I would say that cbg's "no" and "no" answers are probably the ones most likely to apply here. ;)
 

Taxing Matters

Overtaxed Member
I would say that cbg's "no" and "no" answers are probably the ones most likely to apply here. ;)
Perhaps, but cbg is not a lawyer practicing in Texas. :) As each state’s tort law is a bit different, I think giving such definitive answers to a question like this, especially where we do not have all the facts, does a bit of a disservice to the OP. Tort claims by their nature are very fact intensive, after all. Rather than tell the OP there is no chance at all, I think it is better here to note where the legal issue is and direct the OP to an attorney in his state to see if there is any possible claim to be made.
 

quincy

Senior Member
Perhaps, but cbg is not a lawyer practicing in Texas. :) As each state’s tort law is a bit different, I think giving such definitive answers to a question like this, especially where we do not have all the facts, does a bit of a disservice to the OP. Tort claims by their nature are very fact intensive, after all. Rather than tell the OP there is no chance at all, I think it is better here to note where the legal issue is and direct the OP to an attorney in his state to see if there is any possible claim to be made.
Nor, for that matter, are either of us. :)

But I will never argue against advice that someone seek help from a local attorney.
 

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