Q: My boss is threatening to sue me for damages on a customers car I scratched up while driving it into the mechanics shop.
I should clarify, I would be fine getting fired but can't pay for damages, I've worked this place for 9 months and have no prior accidents. The boss is threatening to take me to court of I leave as an attempt to extort. The guy tried to do this by lying about my employment status stating I'm an independent contractor despite being an employee (nobody else was hired as an independent conreactor, the guy who hired me said i wasnt, and the irs guidlines state i dont fit. This is a massive company and they're trying to claim they don't have insurance. I have asked around and this seems to be very abnormal and I've been told that he doesnt have a leg to stand on when it comes to these threats, however i dont trust my employer enough to take risks. Are superfluous legal threats allowed and do I have much to worry about?
A: You are lucky your boss has not terminated you for damage to the customer’s car. I don’t think a claim of hostile work environment gets you very far.
A: Your comment raises so many issues: 1. an employee is not liable for damages caused by his ordinary negligence (this is why employers carry insurance), 2. You are an employee not an independent contractor, there may be wage issues and more; 3. They are extorting you to remain working in order to pay it off? that is not proper. You need to find a local employee rights attorney. It isn't a typical "hostile working environment" claim because it isn't hostile to your race or gender, but it is hostile due to your protest of labor code violations in misclassification as an independent contractor vs employee. Thank you for using Justia's Ask a Lawyer, but don't rely on what you are told here, consult a local attorney who will obtain all the facts from you and review your documents.
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