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Jackson is a traveling pharmaceutical representative for Labs, Inc. After leavin

ID: 423817 • Letter: J

Question

Jackson is a traveling pharmaceutical representative for Labs, Inc. After leaving his home and on the way to the first doctor’s office on his route, while looking on his GPS for directions, runs into the back of another driver. The driver wants to sue for damages to his car. Who may be liable if Jackson is an independent contractor? An employee?

Issue(s): Is Jackson, as a traveling salesman, possibly liable for damages to driver's car while on his way to the doctor's office, if he is an independent contractor? Is Labs Inc.?

Is Jackson, as a traveling salesman, possibly liable for damages to driver's car while on his way to the doctor's office, if he is an employee? Is Labs Inc.?

Explanation / Answer

In this case the terms of employment will play an important role because if Jackson is an independent contractor then he himself will be liable for the damages that is claimed by the driver who has sued Jackson as he is working for himself.

On the other hand if Jackson is an employee, then he can claim the amount from his organization as he is an employee of the same and working for the organization. Based on the policies of the organization the organization may or may not reimburse Jackson and that is completely based on the exclusive contract