Resignation and Liability for a Company Car

Jager

New Member
Jurisdiction
Iowa
I verbally submitted my resignation to my former company this past Monday morning (Oct. 15th) via a phone call to my former boss/owner effective immediately. The phone conversation was very cordial. I had been passively seeking employment for the last 6 months. I just accepted a fantastic opportunity with a company this past Saturday afternoon and began working for my new company this past Monday. I spent this past Sunday cleaning the car and loading it up with all of the former company's property and left it with the keys in an envelope labeled 'ABC/ACME Co' at a secure place they can locate and pick the car up at. I receive the following email from the former boss/owner:

"Good morning Jager,



Your resignation is official as of Monday, December 15th, 2018 at 9:44 A.M. After this date, you will not receive any compensation, commissions, or benefits.



I believe you are eligible for continuation of our healthcare plan, for a certain period of time and at your expense. The rules for continuation are dictated by state. I will check with our insurance representative for further information. I suggest you research healthcare continuation from your end as well.



I need to check with our 401(k) administrator as well. I believe you will be required to "rollover" your 401(k).



Please be keenly aware of the following:



You are responsible for the company vehicle, including any damage to the company vehicle, until it is returned to ABC/ACME Co. office, or until I take possession of it.
You are also responsible for any company property, materials, and/or samples until they are returned. If they are not returned, we will send you an invoice for the cost of their replacement.
You are bound by a non-compete contract. If you decide to seek employment at one of our direct or indirect competitors, within the timeframe of our contract, then ABC/ACME Co. will enforce the non-compete.



Good luck in your future endeavors,

Sxxxxxxxxx


I do not fully trust my former boss (one of the many reasons I decided to leave the company in the 1st place). I have decided to respond to this letter informing him where and who to contact in order to pick up the car and it's contents. I will also state that I am no longer with the company and have no more responsibility for the car/contents. FWIW, my former boss has contacted the person I left the keys/car with and stated he will make arraignments to pick it up next Tuesday/Wednesday, October 23rd or 24th. So where do I stand regarding responsibility for this car?

TIA, Jager
 
You have provided no reason to believe you aren't fully and completely responsible for the car and everything in it until such time as your former employer takes possession of it.

Why you wouldn't have taken it to your place of employment and personally turned it over to your former boss is baffling.
 
So where do I stand regarding responsibility for this car?


No one can predict the future.

A tornado could strike the location where you left the car destroying the vehicle.

A thief could steal the car and all of its contents.

The "trusted" person you chose to look after the car, might decide to sell the car to "chop shop" to support her/his/its (unknown to you) "meth addiction".

I suppose you see my point by now.

You'll know how to proceed after the owner or his designee retrieves the vehicle.

Until that event transpires, the entire planet could be destroyed by an unexpected nuclear holocaust on October 21st, then what could have happened to the car will no longer matter.
 
I live in Minnesota and the company is located in Des Moines, Iowa. (A 250 mile drive one way). My new company asked me to start work immediately and my previous company was in my view making it a very easy decision to look else where for employment. 2 other individuals in similar positions as mine just recently left this company. These 2 examples are just a few reasons (there are additional which would take to long to list here) as to why I didn't drive the car to there offices.

FWIW, One of the other employees that left did the same thing as I am doing in leaving my car at a secure location for pick up with no repercussions.
 
FWIW, One of the other employees that left did the same thing as I am doing in leaving my car at a secure location for pick up with no repercussions.


Well then, if it worked for "what's its name", it'll work as well for you!
 
I'd say you ate still responsible for the vehicle since you have not yet returned it as required.
It would have been best to just deliver it and have them inspect it with you present.
 
I'm kind of hoping this will be the case, but then again, 'Hope' is not a strategy...


That is my point, mate.

You made a choice, which wasn't binary.

All you can do now is go get the car and return it, or hope that your initial choice ends well for you.
 
I live in Minnesota and the company is located in Des Moines, Iowa. (A 250 mile drive one way). My new company asked me to start work immediately and my previous company was in my view making it a very easy decision to look else where for employment. 2 other individuals in similar positions as mine just recently left this company. These 2 examples are just a few reasons (there are additional which would take to long to list here) as to why I didn't drive the car to there offices.

FWIW, One of the other employees that left did the same thing as I am doing in leaving my car at a secure location for pick up with no repercussions.

You can make as many excuses/reasons as you like, but until the car is 100% in the possession of the employer/owner, it is still your responsibility. And yes, you should have driven it the 250 miles back to them or told your new employer that you could start on Tuesday because you needed to return your prior employer's property and give notice in person to complete your employment. The fact that your new employer didn't give you that time is not a good sign.

I hope it works out for you in the end....
 
I live in Minnesota and the company is located in Des Moines, Iowa. (A 250 mile drive one way). My new company asked me to start work immediately and my previous company was in my view making it a very easy decision to look else where for employment. 2 other individuals in similar positions as mine just recently left this company. These 2 examples are just a few reasons (there are additional which would take to long to list here) as to why I didn't drive the car to there offices.

FWIW, One of the other employees that left did the same thing as I am doing in leaving my car at a secure location for pick up with no repercussions.

None of that's legally relevant. As indicated, you're on the hook until the car is back in your former employer's possession. Until then, you're at risk. How much risk? No way for us to know.
 
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