Legal Question in Employment Law in Texas

I am a police officer for a school district in the stated of Texas. I issued a Nextel cell phone by the department. My Chief has told myself and other officers that if the Nextel is lost or damaged during the course of my duties I was will have to pay for it. My Chief stated the department has insurance on the Nextels but there is stil the deductable($70.00)that I must pay for, and the money will be taking from my check rather I agree or not. IS THIS LEGAL?


Asked on 11/10/10, 7:34 am

1 Answer from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

I am a Williamson County Divorce Lawyer

The answer to your question depends on exactly how your phone was lost or damaged.

If you lost or damaged your phone without a good reason, then you probably can be held responsible for the cost.

If you lost or damaged your phone with a good reason (ex. chasing down a suspect), then you probably should not be held responsible.

You should also look at this circumstance from the point of view of your Chief. You Chief probably has a difficult time obtaining proper equipment for the department and the potential for lost of damaged phones may not be in your Chief's budget.

Perhaps the solution is to discuss your concerns with the Chief, explain your position and see if you can't reach an agreement with the Chief.

I am always happy to assist public servants (pro bono), feel free to give me a call and we can discuss this matter further.

Good Luck! Thank you for your service.

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Answered on 11/16/10, 7:33 am


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