Company car – used by a dismissed employee
Question
בס"ד
To the honorable Rabbi Amram Fried shlita
And may his strength be straight for the effort. Here is a matter that has several aspects.
I employed a worker for the needs of the business. Since his driver’s license is not Israeli, it was not possible to rent a car from a rental company, therefore I rented his private car from him for full payment. Afterwards I purchased a car for the business, and to my surprise I discovered that the employee was using it and taking it to his home at the end of the workday and using it also on days that are not workdays and even after his dismissal — the fuel card was also used for these trips. In addition, the travel log was filled in retroactively and included days on which he was not present at all.
I asked him to sign a confirmation that the car is in his possession — with all that this implies. When he refused — I dismissed him.
After the dismissal two parking tickets arrived to me — one from a workday and one from a day that was not — and I fear that there is another ticket on the way; I asked him and he did not answer. The employee refuses to transfer the tickets into his name and asks that I handle getting a discount — this I do not agree to: I am not supposed to have a violation I did not commit registered in my name, my secretarial services cost six times the amount of the ticket, and if the ticket is doubled it is doubtful that he will pay at all. I did in fact offer him to participate in the payment — to that as well he did not respond.
My claims:
He is obligated to pay the tickets in full — including the one from the non‑workday.
It is his duty to transfer the tickets into his name himself.
For the days on which he used the car and the fuel card without my permission — I demand full payment.
He asked that the rabbi shlita review his claims — and I request that the rabbi decide on all of the above points.
With great respect and may you be strengthened.
To the honorable Rabbi Amram Fried shlita
And may his strength be straight for the effort. Here is a matter that has several aspects.
I employed a worker for the needs of the business. Since his driver’s license is not Israeli, it was not possible to rent a car from a rental company, therefore I rented his private car from him for full payment. Afterwards I purchased a car for the business, and to my surprise I discovered that the employee was using it and taking it to his home at the end of the workday and using it also on days that are not workdays and even after his dismissal — the fuel card was also used for these trips. In addition, the travel log was filled in retroactively and included days on which he was not present at all.
I asked him to sign a confirmation that the car is in his possession — with all that this implies. When he refused — I dismissed him.
After the dismissal two parking tickets arrived to me — one from a workday and one from a day that was not — and I fear that there is another ticket on the way; I asked him and he did not answer. The employee refuses to transfer the tickets into his name and asks that I handle getting a discount — this I do not agree to: I am not supposed to have a violation I did not commit registered in my name, my secretarial services cost six times the amount of the ticket, and if the ticket is doubled it is doubtful that he will pay at all. I did in fact offer him to participate in the payment — to that as well he did not respond.
My claims:
He is obligated to pay the tickets in full — including the one from the non‑workday.
It is his duty to transfer the tickets into his name himself.
For the days on which he used the car and the fuel card without my permission — I demand full payment.
He asked that the rabbi shlita review his claims — and I request that the rabbi decide on all of the above points.
With great respect and may you be strengthened.
Answer
Shalom u-vracha
It is impossible to issue a ruling without hearing both sides. I suggest that you both call together, in a conference call, the Beit HaHoraah at: 0733260800, extension 12, where a dayan will hear both sides and rule.
And regarding the details of the question, according to the way you presented the question from your side:
a. The tickets are at the employee’s expense.
b. The employee is the one who must deal with this.
c. The employee is obligated to pay for any use beyond the work needs that were agreed upon with him.
[The part you wrote at the beginning about the worker’s car that you rented from him for payment — I did not understand whether it is relevant to the main issue of the rented car.]
Comments
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