Legal Question in Employment Law in California

Auto accident while using personal vehicle for company's needs

i was a foreman for an electrical contractor. One day a co-worker broke an underground water pipe. I called my field supervisor , and he suggested that i go to home depot and pick up the parts , then turn in the receipt for re-payment. On my way to home depot , i was cut off , and had an accident with another car . when i pulled over to exchange info , the car i hit speed off leaving me by my self...so i slowly ( overheating now )returned to work and dropped off the parts , then went home ( stopping for 5 min so my car would cool down ,every 10 min of driving) and now my truck is no longer driveable. My employer was told about this and asked to fix it, but he said to get another vehicle . ( i did ) but now , 3 months later he fired me , so again, i asked for my truck to be fixed , and at first he tried to deny knowing of it , then his memory came back , but he tried to say it happened on my way home. I told him again when it happened , and his reply was QUOTE '' I didnt tell you to go drive to home depot , so its not my fault , and i wont pay '' END QUOTE...He also paid us straight time for about 100 hours of overtime, and i asked for payment of the 1/2 time & he said no way jose' ( i have co-workers will back me on all of this)


Asked on 12/10/04, 12:50 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Auto accident while using personal vehicle for company's needs

Employees are entitled to reimbursement for expenses incurred in the performace of their duties. You have a claim for the damages to your vehicle. As to your wage claim, it would be necessary to review the facts in more detail, but if the hours worked were more than 8 hours per day or 40 huors per week, you would be entitled to overtime at time and one half your straight time rate. Contact me if you wish to pursue your claims.

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Answered on 12/17/04, 3:45 am


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