Legal Question in Civil Litigation in California
Is employer liable for tools stolen from workplace that were required to perform
I work for an automotive machine shop and am required to use my own tools at work. We have been told not to lock the tool boxes in case a tool was needed in our absense. The owner has told us that he had the best insurance money could buy. Recently, the shop was robbed and several thousand dollars worth of tools were stolen from mine and another employee's tool box
(amoung other items). We were asked to provide a list of missing items for the insurance adjuster. The owner opened an account with a tool distributor and we started to order tools to replace the ones stolen. But the owner had the accounts transferred to our individual accounts without informing us because he was told that our personal property wasn't covered. Therefore there was nothing he could do for us. However, he received a huge check and has no intention of reimbursing us for our losses. Is he responsible for reimbursing us? We cannot prove that he had anything to do with the robbery or was negligent, although we have suspicions. If he is responsible, what law does this fall under and where do we go to take legal action? Our losses exceed $30,000.
3 Answers from Attorneys
Re: Is employer liable for tools stolen from workplace that were required to per
I would need to speak with you about the case and get some additional information before I could tell you whether or not it is worth pursuing your claim. Considering your damages exceed $30,000, it would be worth both of our time to speak over the phone about the case. The consultation is free so please contact my office at 877-546-9918. The number is toll free also. I look forward to hearing from you.
Sincerely,
John Hayes
Re: Is employer liable for tools stolen from workplace that were required to per
You have a meritorious claim against your employer
if you can prove that he told you to leave your
tools unlocked and that they were insured. If your
proof is nothing but your testimony and that of
your co-worker, then the result is difficult to
predict, but you certainly have a good chance of
prevailing. For a $30,000 loss, it would be worth
consulting with an attorney and getting more specific
advice about your case.
Re: Is employer liable for tools stolen from workplace that were required to per
If you can prove that the machine shop owner required you to leave your tool boxes unlocked, and you did so in reliance upon his promise that he had insurance coverage to cover any loss that might result therefrom, you should be able to recover the value of your lost tools from the owners. It will be a matter of proof including the credibility of witness. If you would like assistance, in the Southern California area, please contact us via our website at www.labusinesslawyer.com.
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