Chattanooga, TN asked in Contracts, Employment Law and Small Claims for Tennessee

Q: Within a valet company, if a driver damages a vehicle, can the company require the driver to pay for the damages?

2 Lawyer Answers
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
Answered
  • Cleveland, TN
  • Licensed in Tennessee

A: If I understand the question correctly, the driver would be an employee or on a contractual basis with the valet company. I believe that the answer to the question demands an understanding of their employment agreement and/or contract. It should spell out who is responsible for damages.

Mr. James Charles Wright
Mr. James Charles Wright
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: I am assuming the Valet company has had a claim made against it - and the Valet company is then turning to the employee and saying - You caused the damage- you pay for it. The company could make a claim for the damages in tort against the employee or a claim the breached an implied covenant of the employment contract that the employee wouldn't negligently damage the car. The company's method may be to say- unless you pay you are fired. Unless there is something in a contract saying they can't do this- I believe they could.

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