Property stolen from workplace

I was asked by my employer to use my personal notebook computer in my office because of their lack of equipment. It was locked in my office each night with my boss and I having the only key. After 2 months, without my knowledge or permission others had been given key to my office and my computer was stolen. I did not have insurance of my own. Is it my employers responsibility to have my property replaced or a claim turned in to their insurance??

1 answer  |  asked Jul 5, 2003 4:11 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn

your employer has a duty under the labor code to supply all "tools" necessary to do your job. if you used your computer simply as a convenience to you, so that you could work away from the worksite, then this rule would not necessarily apply. but if your computer was dedicated solely to use at/for work, then the employer would have to replace it.
also, since it was stolen from the workplace premises, he has a duty to replace it or make a claim on his property/casualty insurance.
think of your car similarly. if you use the car solely for work, it's the company's duty to maintain, insure, and replace it. if you use it also for non-work purposes, then it's up to you to insure it and maintain it, subject to reasonable reimbursements for the work use. then also if the car is stolen from the company parking lot, the company's liability is dependent on its negligence, and its insurance should pay.
you can make a claim with the california dept. of labor standards enforcement (dlse) if your boss will not replace the computer.
good luck
janet m. koehn

posted by Janet M. Koehn  |  Jul 6, 2003 2:14 PM [EST]

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