Legal Question in Employment Law in California

Employee breaking something on the job

I work as a photographer for a company part time, as an employee (my employer takes out taxes and social security). Me and about 5 other photographers and support people (the owner was not there but boss was) were photographing a youth sports league picture day, where the youths pose in their uniforms individually and then they get a group picture with their team. About half way through the event, the light changed and one by one we all moved our stuff to a hill; when I had to move due to the light I was in the middle of a team, I was trying to go fast, I moved the camera to the hill but I guess I did not properly secure the tripod legs and it fell over, causing over 300 dollars in damage to the camera and flash. I was not being reckless, just an accident on the job trying to go fast to get through all the people. Now my boss just called me telling me that my check was in (for over 600 dollars) and the owner wants me to come in, pick up my check and write a check for the damages. Is it my responsibility to pay for the damages? I don�t remember ever being told that I would be responsible for anything that I broke on the job. Thank you.


Asked on 7/01/03, 8:33 pm

3 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employee breaking something on the job

Employees are not responsible for breakage incurred during the normal course of the job in California. It is illegal to require that you pay for the damage under the circumstances you describe.

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Answered on 7/01/03, 11:47 pm
Terry A. Nelson Nelson & Lawless

Re: Employee breaking something on the job

You can't be made to pay this damage, and if they take it out of your check, file a wage claim with the Labor Commissioner.

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Answered on 7/02/03, 6:07 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Employee breaking something on the job

Thank you for your inquiry.

I can only join in on the opinions you've received so far -- you are not liable for paying the damage during the course and scope of your employment. You may proceed with a labor board claim if the employer insists on you paying this damage, or if you have any action taken against you, such as firing, demotion, or deduction from your pay, because of this.

I hope this helps, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 7/02/03, 8:37 pm


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