Independent Contractor Theft vs Employee Theft

[realook]

Is a business legally responsible for an IC who steals from a customer as it would be for an employee that stole from a customer or is there a legal difference?

 

[seniorjudge]

Is a business legally responsible for an IC who steals from a customer as it would be for an employee that stole from a customer or is there a legal difference?

Without facts and details, no one can answer that question.

 

[realook]

Thanks for replying. Actually there are no details. My intent was to gather information on a business expansion plan I'm presently working on. I have talked with my attorney about this and I wanted to hear what others have to say. Perhaps someone that has seen this occur or been involved with this type of litigation.

My present business uses employees but because of the long training required it's very difficult to keep up with the work load with existing employees. It's also difficult to find experienced employees as most tend to go out on their own after becoming certified. Thus there is a large pool of IC's available.

While I understand that I am ultimately responsible for my employees that cause damage or theft, I'm not sure exactly where I would stand on theft by an IC. I understand that an IC must be licensed and carry the correct insurance levels as I do now, but these don't cover theft.

Assuming that I do go ahead and augment my work force with IC's and one of these IC's steals something from one of my customers and is convicted in a court of law, where do I stand legally? I certainly realize that I'm responsible to that customer for the quality of the work performed by either employee or IC, but does theft by an IC fall within this responsibility as it does with an employee?

I realized there isn't a "yes" or "no" answer to these questions and circumstances would dictate a judges ruling. Since "control" is a keyword with IC's do the courts normally allow suits against a business that employs IC's when theft is involved?