Can we be held liable for employee (off clock) but on salary?

[susanweb]

What is the name of your state? GEORGIA

I own a store that sells glass products. We buy a lot of our glass from local glass blowers and don't have any problems with that to date. My concern is an employee of our store is learning to blow glass from one of our local glass vendors on his own time and he is wanting to sell these products to us. My concern is if he is injured blowing glass (which in itself is hazardous), can we be held liable? This employee is on salary and we would not be "employing" him to do this, but "would be" buying from him.

Could this pose a possible liability on our business if he is injured or perhaps causes damage to his rental home? (I don't want the landlord to try to sue us if he burns the house down doing this). I know anyone could sue for anything, I just wonder if there would be actual liablity we should be concerned about.

I don't want to be held liable because we "employ" this person regularly if he gets hurt for blowing glass since it is in the same industry, although technically, not on the clock. I just worry it would look shady on our business practice to buy from an employee who isn't doing this "on the clock" as if we are trying to get around the law.

What is your opinion?

Thanks
~Susan

 

[sfd87]

If the employee is doing it on his own time and not being paid by you then it would be considered a hobby he is choosing to do on his own. If you were paying him to blow glass then there would be a liability there.

For instance I worked for years as a firefighter on salary but in my spare time I would volunteer for another fire department, even if I was with my volunteer department on the same scene as my paid department, my paid department had no liability.

So I believe you have nothing to worry about, if you are buying the glass from him hed be an independant contractor.

 

[susanweb]

Being the cautious and suspicious person that I am...I fear liability if he gets hurt...whether he claim or someone else claim, that it was a result of working for us.

I also fear he won't pay taxes on the monies he gets from us, causing suspicion towards my business as if I am trying to avoid paying payroll taxes on him. I always think of the worst case scenerio because I don't trust many people from my life experiences.

My main concern though...is liability should be be hurt or something bad happen as a result of him blowing the glass...

Thanks for the reply sfd87.

~Susan

 

[cbg]

With regards to the liabilty issue, I agree with the previous poster. Unless you requested him to learn this skill and are paying him to do so, you would not be held liable in my opinion.

In addition, I very much doubt that his failure to pay taxes, should that happen, would reflect on you. If he doesn't pay taxes that's his liability, not yours. Just because he is evading his taxes (if indeed that happens - you're only guessing) doesn't mean anyone's going to think you are.

However, and I honestly do not mean this sarcastically or snidely or in any way except as friendly advice/opinion, there is a way to ensure that you are not found liable for either issue regardless of what he does; do not buy his glass. You're not obligated to do so by law and while I think your fears are groundless, if you are concerned about them then you need not put yourself at any risk by buying anything from him.

 

[Beth3]

The guy is doing this on his own time and by his own choice. I just don't remotely see that you have any liability if he gets hurt doing it, Susan. It'd be the same as if he were racing stock cars on his off-duty time. It has nothing to do with you and your store.

 

[susanweb]

Thank you for your advice. I do appreciate it as seeing other views helps clarify the whole picture.

~Susan