Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my dispute.
Please enter your reason(s) for rejecting the business response below.In reference to Complaint # [redacted]An apology is not an acceptable response for a company that is willfully withholding $2100 due to the negligent actions of the company's employee. Absolute Stone Fabricator's admits in its complaint response that their employee, [redacted], acted negligently in taking my money and issuing a fake invoice. Absolute Stone asserts that because Mr. [redacted] would not return the money that they are not liable for the employee's actions. They also assert that because Mr. [redacted] would not return the money, they "couldn't do the job for free" because they had to have money to pay their employees. This is essentially passing the cost that has occurred from the negligent actions of their employee on to me. Absolute Stone and Tile expects me to pay an additional amount of money--above what was agreed to when the deal was originated--in order to cover the negligence of Mr. [redacted] Absolute Stone and Tile has not responded to why they have refused to simply refund the $2100 that was paid to them. I agreed to let Absolute Stone complete the work they were paid to do to prevent the time required to take them to civil court. However, they did not inform me until later that their would be additional charges to cover the losses they might incur due to their employee's negligent actions. This is simply unacceptable. Under Texas law, an employer is responsible for the negligence of it's employees if the negligence occurred in the "course and scope" of employment. Under respondent superior, Absolute Stone and Tile is responsible for the negligent acts or omissions of its employee, Mr. [redacted] (St. [redacted] Hospital v Wolff, 94 [redacted] (TEX, 2002); Baptist Mem'l) [redacted], (Tex 1998)). Under the doctrine of vicarious liability, Absolute Stone is responsible for Mr[redacted] negligence because he was acting as their employee at the time the negligence occurred. Additionally, Absolute Stone and Tile asserts that they do not allow their employees to accept cash payment and that the customer has to bring payment to the office to receive a receipt for work they are contracted to complete. However, the estimate I received from their company does not declare that payment must be brought to their office and Mr. [redacted] never suggested that this would be the conditions payment would be based upon. Given that the work was being done in a city approximately an hour away from Absolute Stone office, it seems unreasonable that payment would have to be taken by the customer instead of entrusting it to the company's employee. Nevertheless, this does not exclude Absolute Stone and Tile from responsibility for the actions of their employee, Mr. [redacted] Under Texas law, an employer must "investigate, screen, and supervise" its employees (See Doe v Boys Clubs of Greater Dallas, Inc, [redacted] 38, Tex Sup, Ct. J732 (Tex, 1995). Mr. [redacted] turned in an estimate to his employer and then acted negligently as a representative of the employer. It is not my responsibility to supervise or ensure that Mr. [redacted] acted responsibly and followed his employer's rules--although these rules seem to have originated after the incident and were not stated beforehand. I made it clear to Mr. [redacted] that I live five hours from the the city where the work was to take place and only had limited time when I was traveling between the two locations. He never informed me that I would need to make an additional trip to turn in payment to Absolute Stone's office. He made it clear that as the sales representative, he would be able to take care of everything including a credit card transaction over the phone if needed. The failure of Absolute Stone's management to follow up on estimates or to provide a written statement to the customer indicating that payment had to be made at their office invalidates their argument that they do not allow payment to be made outside their office. A rule has to be properly noted before an agreement, not afterward. Even if this company policy existed, Mr. [redacted] did not obey the policy and the company is still responsible for his negligence. The facts of this complaint are clear and Absolute Stone does not deny them. They admit their employee took money from me as payment for work that has not been completed. They also admit that they needed to charge above the original agreement amount so that they did not incur a loss due to the negligence of their employee. This is unacceptable and under Texas law they are responsible for the actions of their employee. It is not my responsibility to pay for the negligence of their employee, Mr. [redacted] Absolute Stone is simply trying to pass the cost of the negligence to me and offering an apology for the inconvenience. It is not my responsibility to collect the money from Mr. [redacted], and under Texas law they are responsible for his actions. I want a refund of the $2100 that Absolute Stone and Tile is withholding from me. It has been over a month and this has delayed completion of the project because I have not been issued a refund so that I can have the work completed. Absolute Stone has essentially withheld money that would otherwise have been earning interest had it remained deposited in my bank. When discussing the matter and trying to negotiate a solution with [redacted], he became disrespectful and belligerent and we have refused to deal with this company any more. They have tried every way they can to get out of paying for their employee's negligence and force the cost on to me. I have asked for a refund repeatedly. I tried to work with them and they started adding additional charges above what was originally agreed to. This is unprofessional, and since they refuse to issue a refund, they have essentially stolen my money and offered an apology as a solution.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this does not resolve my dispute.
Please enter your reason(s) for rejecting the business response below.In reference to Complaint # [redacted]An apology is not an acceptable response for a company that is willfully withholding $2100 due to the negligent actions of the company's employee. Absolute Stone Fabricator's admits in its complaint response that their employee, [redacted], acted negligently in taking my money and issuing a fake invoice. Absolute Stone asserts that because Mr. [redacted] would not return the money that they are not liable for the employee's actions. They also assert that because Mr. [redacted] would not return the money, they "couldn't do the job for free" because they had to have money to pay their employees. This is essentially passing the cost that has occurred from the negligent actions of their employee on to me. Absolute Stone and Tile expects me to pay an additional amount of money--above what was agreed to when the deal was originated--in order to cover the negligence of Mr. [redacted] Absolute Stone and Tile has not responded to why they have refused to simply refund the $2100 that was paid to them. I agreed to let Absolute Stone complete the work they were paid to do to prevent the time required to take them to civil court. However, they did not inform me until later that their would be additional charges to cover the losses they might incur due to their employee's negligent actions. This is simply unacceptable. Under Texas law, an employer is responsible for the negligence of it's employees if the negligence occurred in the "course and scope" of employment. Under respondent superior, Absolute Stone and Tile is responsible for the negligent acts or omissions of its employee, Mr. [redacted] (St. [redacted] Hospital v Wolff, 94 [redacted] (TEX, 2002); Baptist Mem'l) [redacted], (Tex 1998)). Under the doctrine of vicarious liability, Absolute Stone is responsible for Mr[redacted] negligence because he was acting as their employee at the time the negligence occurred. Additionally, Absolute Stone and Tile asserts that they do not allow their employees to accept cash payment and that the customer has to bring payment to the office to receive a receipt for work they are contracted to complete. However, the estimate I received from their company does not declare that payment must be brought to their office and Mr. [redacted] never suggested that this would be the conditions payment would be based upon. Given that the work was being done in a city approximately an hour away from Absolute Stone office, it seems unreasonable that payment would have to be taken by the customer instead of entrusting it to the company's employee. Nevertheless, this does not exclude Absolute Stone and Tile from responsibility for the actions of their employee, Mr. [redacted] Under Texas law, an employer must "investigate, screen, and supervise" its employees (See Doe v Boys Clubs of Greater Dallas, Inc, [redacted] 38, Tex Sup, Ct. J732 (Tex, 1995). Mr. [redacted] turned in an estimate to his employer and then acted negligently as a representative of the employer. It is not my responsibility to supervise or ensure that Mr. [redacted] acted responsibly and followed his employer's rules--although these rules seem to have originated after the incident and were not stated beforehand. I made it clear to Mr. [redacted] that I live five hours from the the city where the work was to take place and only had limited time when I was traveling between the two locations. He never informed me that I would need to make an additional trip to turn in payment to Absolute Stone's office. He made it clear that as the sales representative, he would be able to take care of everything including a credit card transaction over the phone if needed. The failure of Absolute Stone's management to follow up on estimates or to provide a written statement to the customer indicating that payment had to be made at their office invalidates their argument that they do not allow payment to be made outside their office. A rule has to be properly noted before an agreement, not afterward. Even if this company policy existed, Mr. [redacted] did not obey the policy and the company is still responsible for his negligence. The facts of this complaint are clear and Absolute Stone does not deny them. They admit their employee took money from me as payment for work that has not been completed. They also admit that they needed to charge above the original agreement amount so that they did not incur a loss due to the negligence of their employee. This is unacceptable and under Texas law they are responsible for the actions of their employee. It is not my responsibility to pay for the negligence of their employee, Mr. [redacted] Absolute Stone is simply trying to pass the cost of the negligence to me and offering an apology for the inconvenience. It is not my responsibility to collect the money from Mr. [redacted], and under Texas law they are responsible for his actions. I want a refund of the $2100 that Absolute Stone and Tile is withholding from me. It has been over a month and this has delayed completion of the project because I have not been issued a refund so that I can have the work completed. Absolute Stone has essentially withheld money that would otherwise have been earning interest had it remained deposited in my bank. When discussing the matter and trying to negotiate a solution with [redacted], he became disrespectful and belligerent and we have refused to deal with this company any more. They have tried every way they can to get out of paying for their employee's negligence and force the cost on to me. I have asked for a refund repeatedly. I tried to work with them and they started adding additional charges above what was originally agreed to. This is unprofessional, and since they refuse to issue a refund, they have essentially stolen my money and offered an apology as a solution.
Regards,
[redacted]