Legal Question in Employment Law in Florida
Employee Required to Replace Patient's Missing Personal Item
My fiancee works in a rehabilitation hospital setting in Florida. As part of the admissions process, patients are to surrender cell phones to my fiancee. A patient did not surrender a phone, and my fiancee did not find it in the patient's belongings. Later during that same shift, the patient surrendered his phone at the nurse's station, to someone other than my fiancee. The phone was left at the nurse's station, and the next day, it was gone. My fiancee never discovered it, never saw it, nor did he have it in his possession. The hospital is claiming that he is partially responsible for replacing the phone, because he never discovered it during the admissions process. He told administration that if they wanted to reprimand him for not finding it, that was fine, however he does not feel he should be held fiscally accountable for the phone. He is afraid if he does not pay for it, he may be fired, however it's a matter of principle. Can you help him determine what his rights are?
3 Answers from Attorneys
Re: Employee Required to Replace Patient's Missing Personal Item
This is a tough situation because if they insist on him paying to replace the phone, he is not legally obligated to pay but his employer is similarly free to terminate his employment. Thus, he should weigh whether the short-term cost of the replacement is greater than the value of his continued employment.
Re: Employee Required to Replace Patient's Missing Personal Item
FLA law may differ so he should check. Generally speaking, an employee is not required to pay for damages to employer unless he agreed to it when hired. Employer has insurnace. If fired, he will collect unemployment.
Re: Employee Required to Replace Patient's Missing Personal Item
First, if your fiancee is a union member, he should speak with his representative. He will have more protection from discharge in that case.
In any case, he should check the policy manual and any documents that he signed when he began work. Did he agree to be financially responsible for any patient belongings? If not, then the employer does not have a good reason to hold him responsible in this case. (As opposed to theft cases and the like.)
Having said that, it will not stop the employer from doing what it wants, such as firing him. He is "at-will" if he does not have a union or personal contract. This means he can quit or be fired anytime, for any reason, with or without notice. So even if the employer is "wrong" to fire him, your fiancee would probably not be able to win the job back even if he sues. In other words, he could sue for wrongful discharge but he would probably not win.
The practical answer, then, is to forget about principle - it is too important to keep his job in this economy - and find a compromise with the employer. If your fiancee can prove that he did what he was supposed to at admissions - asked for the phone but did not get it - perhaps the patient would admit this, then he should insist that he did nothing wrong and should not pay. If that fails, he could offer to pay for half, just a few dollars per paycheck so it does not hurt too much.
Same if he cannot prove that he did what he should have. Offer to split the costs or make up the amount in some other way. Perhaps he can volunteer for overtime or some undesirable shift (he should still be paid, though), to show he is willing to make it up. (Again, even if he is entirely in the right, he has to put his pride aside and make sure he saves his job. Unless, of course, he can afford to lose it. Then he can stand on principle and fight the matter.)
A few other things to know. First,the employer may not deduct the amount of the phone from his pay. Second, your fiancee should check to see if the employer has a progressive discipline policy. It may say under what circumstances somebody may be fired. If it does cover the phone case and he is fired anyway, he could sue for breach of contract. More importantly, he could point out to the employer that it needs to follow its own policy rather than discharge him. Last, if he is fired, he may collect unemployment.
I hope that helps.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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