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Scott
07-04-2003, 09:21 AM
Hi,

I work as a photographer for a company part time, as an employee (my
employer takes out taxes and social security). Me and about 5 other
photographers and support people (the owner was not there but boss
was) were photographing a youth sports league picture day, where the
youths pose in their uniforms individually and then they get a group
picture with their team. About half way through the event, the light
changed and one by one we all moved our stuff to a hill; when I had to
move due to the light I was in the middle of a team, I was trying to
go fast, I moved the camera to the hill but I guess I did not properly
secure the tripod legs and it fell over, causing over 300 dollars in
damage to the camera and flash. I was not being reckless, just an
accident on the job trying to go fast to get through all the people.
Now my boss just called me telling me that my check was in (for over
600 dollars) and the owner wants me to come in, pick up my check and
write a check for the damages. Is it my responsibility to pay for the
damages? I don't remember ever being told that I would be responsible
for anything that I broke on the job.

Thanks for the help, Scott

Richard
07-05-2003, 11:29 AM
"Scott" <scott_lmnop@hotmail.com> wrote in message
news:l6abgv0gg0op5evfoo413mcr0opihlbefb@4ax.com... Hi, I work as a photographer for a company part time, as an employee (my employer takes out taxes and social security). Me and about 5 other photographers and support people (the owner was not there but boss was) were photographing a youth sports league picture day, where the youths pose in their uniforms individually and then they get a group picture with their team. About half way through the event, the light changed and one by one we all moved our stuff to a hill; when I had to move due to the light I was in the middle of a team, I was trying to go fast, I moved the camera to the hill but I guess I did not properly secure the tripod legs and it fell over, causing over 300 dollars in damage to the camera and flash. I was not being reckless, just an accident on the job trying to go fast to get through all the people. Now my boss just called me telling me that my check was in (for over 600 dollars) and the owner wants me to come in, pick up my check and write a check for the damages. Is it my responsibility to pay for the damages? I don't remember ever being told that I would be responsible for anything that I broke on the job. Thanks for the help, Scott

This is not legal advice, just an opinion.

If the company gave you no instructions or anything in writing as to damge
caused to their property, by you, or other means, then they really don't
have much to stand on.
If they can come up with some kind of document showing this, then they'd
have to prove that you knew about it.
Ask the other photographers if they know about such an agreement. If not,
the company may be in for a surprise.
If you want to remain working for the company, agree to pay for damage on a
weekly bassis, such as 50 bucks a week. They would say that you caused the
damage through carelessness.

Barry Gold
07-08-2003, 08:16 AM
Scott <scott_lmnop@hotmail.com> wrote:
[OP works as a part-time employee, made a mistake which resulted in
over $300 damage to a camera.]Now my boss just called me telling me that my check was in (for over600 dollars) and the owner wants me to come in, pick up my check andwrite a check for the damages. Is it my responsibility to pay for thedamages? I don't remember ever being told that I would be responsiblefor anything that I broke on the job.

It would help if you told us what state this happened in. In
California you would not be responsible for accidental breakage,
regardless of what it might say in your employment contract.

If they are firing you over this, it would be worthwhile to make a
fuss over it and refuse to pay. But if they are going to continue to
employ you, it might be a good idea to make a deal to pay them back in
installments. If you made $600 from one event, continued employment
might be worth more to you than asserting your right to not be charged
$300 for accidental damages.

I notice that your boss is giving you the full check (over $600)
and wants you to pay separately for the damages. This suggests to me
that your boss knows they don't have a legal right to charge you for
the damages and is trying to get you to give up your right by
"voluntarily" paying for them in a separate transaction.

This is for discussion purposes only, and is not legal advice. I'm
not a lawyer. If you want legal advice, hire a lawyer.

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