Legal Question in Employment Law in California

Is an employee liable for damage to an employers merchandise while in performance of assigned duties.


Asked on 12/02/13, 10:18 am

2 Answers from Attorneys

Generally not. Your employer may not require you to reimburse it for cash shortages, breakage, etc. that occur during your performance of your duties. Generally, the only situation in which an employer can force am employee to reimburse the employer for damage to merchandise is if the damage was a result of the employee's gross negligence or wilful act. But if the damage occurred as a result of employee mistake or simple negligence, then the employer may not force the employee to reimburse the employer for the damage.

Here is a link to a relevant FAQ page from the website of the California Division of Labor Standards Enforcement (also known as the Labor Commissioner): http://www.dir.ca.gov/dlse/FAQ_Deductions.htm

If you feel your employer is violating California wage law, you should consult an experienced California employment lawyer immediately.

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Answered on 12/02/13, 10:28 am
Terry A. Nelson Nelson & Lawless

not unless it was criminal or intentional willful, or gross misconduct on your part Even then, they generally have to pay you and then sue you for the damages.

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Answered on 12/02/13, 5:56 pm


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