Legal Question in Employment Law in California

My vehicle has been vandalized on 3 different occasions while parked in front of my office (in California) as well as in my designated parking stall. I also live on-site as I work in property management. (First incident happened in April, 2nd happened in August, and 3rd happened ONE week after the 2nd incident - from keying my car, to slashing tires, to sugar in the gas tank. After each incident, a police report has been filed. Insurance has also been notified and is costing me $$ every time. (*This does not involve anyone in my personal life). I have discussed my concerns with my manager and even asked for a transfer to another property as this is now a high safety concern. They say they do not have any other positions available at this time. They are not willing to reimburse for any expenses either. What can be done in this situation? If I leave the job it will be for these safety environment issues, will I be eligble for unemployment?


Asked on 9/10/10, 11:07 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Employers have an obligation to maintain a safe working environment. Whether that obligation extends to the place where you park your car depends on several factors. If your employer owns the property where you park, and it is reasonably foreseeable that an act of violence to your person or property will occur, the company should take steps to make the parking area safe. This could include measures such as installing security cameras or hiring a security service to protect the property.

If your employer does not own the property, find out who does through the property manager. The same obligation may extend to the property owner, if it can be shown that a pattern of criminal activity makes continued activity foreseeable. One way to find this out is to contact the police agency that has jurisdiction over the property and inquire about other crimes, similar to what happened to you.

Courts have held property owners liable for damages done to third parties, where it can be shown that they were negligent in failing to provide appropriate security.

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Answered on 9/15/10, 1:15 pm


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