I received oral permission to leave my car overnight at a posted lot. The owner of the lot had it towed ignoring his own employees guarantee...

Question

I received oral permission to leave my car overnight at a posted lot. The owner of the lot had it towed ignoring his own employees guarantee it would be safe. It was over $400 the first day. Is the owner bound by his own employee's permission?

Answer

Yes, but you might not succeed in proving that the employee told you anything, unless you have a signed writing to that effect. More than likely the following scenarios would occur if you were to file a small claims lawsuit: 1) the employee doesn't remember anything; 2) the employee denies telling you to leave the vehicle; or 3) the employee no longer works there and cannot be found. It is very rare that an employee -- at risk of losing a job -- would say anything damaging against the employer.