Here's my situation. Nov 1, 2007 my vehicle was stolen. I had $300 worth of equipment in the trunk that belonged to my employer. I put in a claim, including money for the equipment. The equipment has been denied. My insurance says his insurance should pay for it. He wants me to pay for it.

1. I had to travel everyday for this company and the equipment had to go with me. I had no choice but to have it on me at all times.
2. I was not at work when the vehicle was stolen.
3. He states that his deductible is higher than the cost of the equipment so he will not put his own claim.
4. I no longer work at his company.

Do I pay it? Do I have that obligation?

Thanks!!

You have no obligation to pay. In CA, the employer has to bear the cost of doing business except in cases of gross negligence. If he doesn't want to put in a claim, that's his look out.

I think this might be something the insurance company would help you fight if the ex-employer tries to collect.

There is nothing that says the employer cannot sue you for the loss of the equipment, however.

Actually there is. CA Labor Code §2802 prohibites this as long as there was no gross negligence, dishonest, or willfull act by the employee.

Actually there is. CA Labor Code §2802 prohibites this as long as there was no gross negligence, dishonest, or willfull act by the employee.

I did not say that the company would win. Only that they would sue.

It is up to the court to decide if there was some mitigating factor.

To quote H.L. Menken, " a judge is a law student who gets to grade his own papers".

Thanks for the help guys! Well, while my former employer is upset about it, the value of the equipment is only $300-400 , not worth sueing over I don't think. If he puts in a claim however, I will ask my insurance co. for help.

Mel