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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 32952
Experience:  Retired (mostly)
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In the state of Virginia Auto tech is paid to install parts

Customer Question

In the state of Virginia Auto tech is paid to install parts to vehicle that he did not
aftermath vehicle suffers catostraphic engine failure due to tech not installing not installing supplied parts.
Tech quits without notice and leaves property or tools at shop for over 30 days
without notice
what recourse do i have at this pont
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Your recourse is to sue the tech's employer. The employer is "vicariously liable" for the wrongful injuries caused by an employee within the scope of employment. Your damages are the value of the engine repair, plus any substitute transportation costs (rental car, etc.).

If the damages are $5,000 or less, then you can sue in small claims court without a lawyer.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!




Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Customer: replied 1 year ago.
He did not answers question.
Customer: replied 1 year ago.

Perhaps you misinterpreted my sitution i am the owner of the buinesss

i am the owner of auto repair shop i had a former tech who was paid to install parts to vehicle

parts were not intalled to vehicle due to this damage was occured to the vehicle resulting in $5000 dollars

employee that was paid for installing these parts is now a former employee due i have any rights to property left at my business

he has left a tool box for over 30 days

he in additon quit without notice

what is my recourse at this juncture

Expert:  socrateaser replied 1 year ago.
Well, that is a different story.

You can sue the former employee for fraud, on the theory that he was being paid to repair vehicles and instead he misrepresented the work and caused you damages as a consequence.

Concerning the toolbox, you could ask the court to give you an equitable lien against the toolbox as a means of setting off your costs against the value of the tools, under the theory that the tech is insolvent and will not be able to pay the claim against you. However, you cannot simply sell off the tools to recover without a court order, because without the court order, the tools remain the tech's property.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Customer: replied 1 year ago.
What about the tool box itself
It had been stored by the business for well over 30 days
With limited contact.
Tonight ex employee contacted the police
Stating we would not return his personal property. Police informed him he was welcome to the property at his leisure with out anything but storage charges
The exemployee quit with out notice and left his personal property for several weeks while seeking psychiatric assistance

Can i with hold his property
To cover damges to the vehicle he was clearly negligent on when he did not install the parts he was paid to install
The business lost the employee wage along with the loss of damages to the customers vehicle that will exceed 5000 dollars
Along with damage to the business image due to the employees actions
Expert:  socrateaser replied 1 year ago.
I realize that you are looking for me to show you a law that can contradict the police in their position that the toolbox must be returned to the employee. I cannot do so, because no such law exists. If you want to retain the toolbox, then you will have to sue the employee and ask the court to grant a preliminary injunction permitting you to retain in in anticipation of receiving an equitable lien or constructive trust on the box, to cover the employee's debt, created by the fraud against you and the customer.

Absent the above-described action, you must return the toolbox. As for the storage charges, if the police are okay with that, and you want to charge the employee for storage before returning the toolbox, then go ahead. However, in my opinion (and, I realize you won't like this answer either, but I don't want you to get into trouble), until the employee has notice that he must pay rent on the storage of his property, you cannot claim a lien on the property for that storage.

BotXXX XXne, if you want to stop the employee from taking his stuff, then you need a court order.

For a civil litigation attorney referral, see this link.

Please understand that I "justanswer" questions "about" the law. I have no interest in providing you with anything less than a completely satisfying answer. However, if the law does not favor your unique circumstances, then the best that I can do is to explain what the law "is" and what it "is not."

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

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