Legal Question in Business Law in California

We are looking to hire an individual who has a couple DUI's. The last being over 6 years ago. We have decided that he can not drive a company vehicle till his record is clear for at least 10 years and that he will need to drive his own personal vehicle during that time.

If he is driving his own personal vehicle and we are re-imbursing him $.50/mile could we be held liable if something bad happens while he is driving to or from a job site.

Any knowlege on this matter would be greatly appreciaated!!!!


Asked on 10/04/12, 9:58 am

3 Answers from Attorneys
Bruce Beal Beal Business Law

If he is working within the scope of employment and causes damage, you could be held liable, whether or not it is his vehicle or your vehicle.

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Answered on 10/04/12, 10:07 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Beal. Even if it is his personal car, if he is driving as part of his work duties, you would be vicariously liable under the doctrine of "respondeat superior."

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Answered on 10/04/12, 11:17 am
Terry A. Nelson Nelson & Lawless

could we be held liable?

Absolutely., the same as any other employee. You let him drive on company time, and company business. Make sure your liability insurance is paid and has high limits that cover such situations. God help you if he causes a wreck after drinking, what with you hiring him knowing his convictions. Ensure your company policy manual clearly forbids drinking or being under the influence.

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Answered on 10/04/12, 4:12 pm


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