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Employees Tools Stolen, Whos Responsible?

 
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Old 04-03-2014, 04:18 PM   #1
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Employees Tools Stolen, Whos Responsible?


If my EMPLOYEE is required to supply his own tools, and store them in a company van i provide, has his\her tools stolen during the execution of his duties for his job. am i required as his\her employer to replace said tools? the van was locked, the lock in the back of the van was forced open with a tool.

the only insurance was for my businesses property and the van, nothing covers the employees
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Old 04-03-2014, 04:32 PM   #2
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Re: Employees Tools Stolen, Whos Responsible?


If the van was locked then you have done what a normal person would do to protect the contents. In the eyes of the law you would not be responsible. If he was required to bring his own tools he should of had insurance on them, maybe his homeowners policy would cover them.

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Old 04-03-2014, 04:33 PM   #3
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Re: Employees Tools Stolen, Whos Responsible?


First of all an employee shouldn't be supplying tools unless its basic
2nd is this a trick question as the answer is quite clear
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Old 04-03-2014, 04:34 PM   #4
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Re: Employees Tools Stolen, Whos Responsible?


I would buy him all new tools as long as the reason for the theft wasn't because he was negligent. Now if they were stolen from his own vehicle that was parked in his driveway that would be different. If they were stolen from his own vehicle that was parked at the Jobsite, that's debatable.
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Old 04-03-2014, 04:37 PM   #5
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Re: Employees Tools Stolen, Whos Responsible?


Quote:
Originally Posted by rotarex
First of all an employee shouldn't be supplying tools unless its basic 2nd is this a trick question as the answer is quite clear
Rather or not he supplies his own tools can be compensated with pay. There are many guys who do this. First they can work for many contractors back and forth with consistency using there own equipment. Second if they're like I was I preferred my own chit.
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Old 04-03-2014, 04:44 PM   #6
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Re: Employees Tools Stolen, Whos Responsible?


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Originally Posted by Californiadecks View Post
Rather or not he supplies his own tools can be compensated with pay. There are many guys who do this. First they can work for many contractors back and forth with consistency using there own equipment. Second if they're like I was I preferred my own chit.
I prefer to use my own stuff also, but then my pay is sub pay and im no longer an employee and responsible for my own stuff.

its stolen in his van he pays.
its stolen on his site he pays.
its stolen in my truck on his site then im chit outta luck
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Old 04-03-2014, 04:53 PM   #7
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Re: Employees Tools Stolen, Whos Responsible?


Quote:
Originally Posted by rotarex View Post
I prefer to use my own stuff also, but then my pay is sub pay and im no longer an employee and responsible for my own stuff.

its stolen in his van he pays.
its stolen on his site he pays.
its stolen in my truck on his site then im chit outta luck
he is an employee, he was hired based on him having all his own tools.. hes not 1099'd, i withhold benefits, taxes, and he gets vacation\sick days
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Old 04-03-2014, 04:54 PM   #8
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Re: Employees Tools Stolen, Whos Responsible?


Quote:
Originally Posted by rotarex
I prefer to use my own stuff also, but then my pay is sub pay and im no longer an employee and responsible for my own stuff. its stolen in his van he pays. its stolen on his site he pays. its stolen in my truck on his site then im chit outta luck
That's not necessarily true in California. Rather or not my guy has his own tools doesn't meet the criteria of a sub. A sub here must show a profit loss statement at the end of the the year and have a contractors license. I have a finish carpenter that works by the hour and collects a payroll check from me. He can't be a sub because he's not licensed, but I guarantee you he will not want to be limited to my tools on site. I pay him well for this, as an employee. That's just the law here.
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Old 04-03-2014, 05:04 PM   #9
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Re: Employees Tools Stolen, Whos Responsible?


Required? I googled "required to have tools stolen employer" and got several results that seem to say that yes, you would be legally required, at least in California, to reimburse your employee.

Even if you're not legally required, you might think about your general responsibility as a good employer, and good policy as a business owner. I'd start by acting as if I were an insurer, and get a list from him of the tools and his estimate of their value, both actual used value and replacement cost. If your state law is similar to California's, your legal requirement is probably to reimburse him for actual used value.

Replace all new as Mike suggests might be an option, depending.
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Old 04-03-2014, 05:12 PM   #10
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Re: Employees Tools Stolen, Whos Responsible?


Does the employer require the employee to leave his tools in the company van?
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Old 04-03-2014, 05:35 PM   #11
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Re: Employees Tools Stolen, Whos Responsible?


The legal answer probably depends on your location. What state are you in?
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Old 04-03-2014, 05:51 PM   #12
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Re: Employees Tools Stolen, Whos Responsible?


im in los angeles, ca... i suspect they leave tools in the van as they dont receive the jobs for the next days work untill the night before, but nothing in the employment contract about that. there is a paragraph in the employment contract that says they are granted personal limited use of the van, over night at employees house, too his first job and coming home from the last... and during that time he is responsible for all contents of the van. i dont think this applies tho as he was already on his first job when this happened and already clocked in.
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Old 04-03-2014, 06:07 PM   #13
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Re: Employees Tools Stolen, Whos Responsible?


Quote:
Originally Posted by bryanad86
im in los angeles, ca... i suspect they leave tools in the van as they dont receive the jobs for the next days work untill the night before, but nothing in the employment contract about that. there is a paragraph in the employment contract that says they are granted personal limited use of the van, over night at employees house, too his first job and coming home from the last... and during that time he is responsible for all contents of the van. i dont think this applies tho as he was already on his first job when this happened and already clocked in.

It sounds to me like you are contractually responsible
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Old 04-03-2014, 06:15 PM   #14
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Re: Employees Tools Stolen, Whos Responsible?


I don't know if you have to replace them...but it would be a dick move not too...
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Old 04-03-2014, 06:35 PM   #15
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Re: Employees Tools Stolen, Whos Responsible?


The right thing to do would be to replace them. Sounds like your against your guy. If I were him I'd being looking for a new employer who takes care of their crew.
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Old 04-03-2014, 06:42 PM   #16
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Re: Employees Tools Stolen, Whos Responsible?


If it were me, I'd replace them. And if I were him I'd be pissed if my boss didn't replace them.

Loosing a good employee will cost your more. Buy him new stuff so you can pick up working on Monday.
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Old 04-03-2014, 06:51 PM   #17
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Re: Employees Tools Stolen, Whos Responsible?


im also being told that in california i have to pay my guys for travel time, currently i only pay them 25 percent of the billable hour. i also have a bonus system in place that when the van makes 3500 in a given week the employee then gets 100 dollars bonus, and every 1000 dollars after that its an additional 100. i do not currently pay for any drive time between jobs, my guys have 3 to 4 jobs per day..
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Old 04-03-2014, 06:59 PM   #18
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Re: Employees Tools Stolen, Whos Responsible?


The company I used to work for we would have to run from job to job a fair amount. If wasn't getting paid for my in between travels I'd be pretty pissed. Clock in to clock out is all paid time. Sounds like you look for any way to withhold money from them.
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Old 04-03-2014, 07:22 PM   #19
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Re: Employees Tools Stolen, Whos Responsible?


i own a franchise... wouldnt the main office tell me me if anything was illegal?
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Old 04-03-2014, 07:37 PM   #20
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Re: Employees Tools Stolen, Whos Responsible?


Quote:
Originally Posted by bryanad86 View Post
If my EMPLOYEE is required to supply his own tools, and store them in a company van i provide, has his\her tools stolen during the execution of his duties for his job. am i required as his\her employer to replace said tools? the van was locked, the lock in the back of the van was forced open with a tool.

the only insurance was for my businesses property and the van, nothing covers the employees
You need to replace the tools for him.
If you want to keep him.

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