Employee Liability: Compensation Tips

Questioner

My son had to move a truck on his employer's premises where he worked via an employment agency. He doesn't have a driver's license, Unfortunately we suffered damage for which there is now a damage claim of €3567.08 which they say we have to pay. Are we insured for this? Is the employer liable/responsible? How should I approach this?

Lawyer

A judge is generally reluctant to accept liability of an employee. In order to accept liability of the employee, it is in principle required that there is intent or conscious recklessness of the employee. I would like to speak to you further about this matter.

Lawyer

If an employee causes damage to the employer during his work, the employee is not liable, unless there is deliberate recklessness or intent (Article 7:661 BW). Since the employer had instructed your son to move the truck (without a driver's license), I assume that the responsibility lies entirely with the employer. I don't think there was any conscious recklessness or intent. I advise your son not to compensate for the damage and to inform the employer that your son is not liable. Are you insured for legal assistance? Then it is advisable to contact the legal assistance insurance. They can then reject the claim for damages on behalf of your son.