Legal Question in Civil Litigation in California
legal obligation after a theft of someone else property
I work for a live bee removal company. I had the companys chain saw in the back of the company truck. The saw was stolen. The saw was several years old and had been repaired several times this year. I told my boss I would pay for the value of the chain saw ( new is $500, I'll pay $250. to $300.). He has laid me off work for a week to think about it. He is demanding I pay for a new one. My question is, do I owe him the full $500 for a new chain saw or the cost of the value at the time of theft.
3 Answers from Attorneys
Re: legal obligation after a theft of someone else property
You probably owe him nothing (but certain facts could change that). If the whole truck got stolen, would he expect you to pay for that, too?
Re: legal obligation after a theft of someone else property
Contact the California department of labor. They can advise you as to your responsibility. I suspect that unless you did something to facilitate the theft of the saw.
Re: legal obligation after a theft of someone else property
Your employer has no right to deduct anything from your paycheck for breakage or loss unless the loss was willful or grossly negligent on your part. Cal. Labor Code Section 224. Please see the Cal. Dept. of Industrial Relations FAQ on wage deductions at http://www.dir.ca.gov/dlse/FAQ_Deductions.htm . Also it is of questionable legality to lay you off as a result. Losses and theft are a part of the cost of doing business and your employer should have had insurance to cover theft of equipment. For more information, contact your local office of the California State Labor Commissioner, Div. of Labor Standards Enforcement.
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