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I am a resident of Michigan,and am a sub-contractor for a limo company.
I am curious about a situation that happened to two other employees one was hit by a stolen car and was charged by our boss the deductible for the damage.the other guy hit a barrier and is being charged for all the repairs to the limo.both of these instances strike me as against the law.if anyone out there has an idea or where to go ask please respond
It really all depends on the wording of the "Contract" that the subcontractor is bound by. Get a copy.
However, having some experience in that industry, I suspect that you have no written contract. If so, then both drivers have a case against the owner. Small Claims Court would work, it's cheap to file a case there, and you don't need a lawyer. The problem is, you won't get hired by any other limo contractor in your city after that.
The best place to go, as stated already...read the contract; however, it is important to understand the clear cut lines established between contractor and sub-contractor...in most of your standard agreements, the issue of blame is established by evidence proving the "How & Why" for the Damage/Loss...Was it the Contractor's negligance that caused the damage/loss according to the terms of the implied and/or written contract. In most standard cases, the subcontractor assumes responsiblity for property damage not covered by insurance because the damage/loss occur while in the subcontractor's care; however, if it is established that the damage/loss occured due to the contractor's negligance, then you will have a case against the contractor; otherwise, the person who was hit by the stolen car needs to seek the owner of the stolen vehicle to establish if they had protection coverage in cases of thief, if not, the actual driver must be sought, which can be distressing, but not impossible. As far as the one who hit the barrier, why? what was the circumstances, was it an issue with the limo itself, (poor maintenance, who is responsible for the up-keep of the limo); or was it truly an accident on the driver's part, as a subcontractor, in most standard cases, he will have to assume responsibility. You may also consult an industry contract lawyer in your area;
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