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Should my employer replace my stolen contruction power tools

Customer Question

Should my employer replace my stolen (from Company truck i take home) construction power tools? Approx. Value ($218.00)
Submitted: 12 years ago.
Category: Job
Expert:  ankur replied 12 years ago.
Under standard legal understanding. If they are your employers tools - he has to replace them.

However, these seem to be your tools. It would appear that if it is outside of company hours you will struggle to reclaim your money. If you were on a company errand it should be possible.

More importantly is the fact that your Company will have car insurance and as such can get the tools replaced for free. They should have no qualms about doing so. Put it this way if they had had something stolen from the car they would have had it replaced. So you in turn should have your item replaced.

Note: This is not legal advice; it is what I understand to be common sense/common legal understanding.

Best of Luck, Hope this Helps.
Customer: replied 12 years ago.
first) Tho they were taken outside of normal working hours...i am on call 24/7...and i provide parking and reasonable watch over truck while in my care after normal working hours... Second) Nothing is ever free...there are always premiums and deductables incured in claims processes.
Expert:  ankur replied 12 years ago.
Well theres your answer. If you are on call 24/7 the company is responsible for you 24/7 - so it appears you should be able to make them liable. With reasonable care a small claims court should support you.

As for the insurance claim. Well too options - what about household insurance ? And the premiums and deductibles are all relative. You have quite an expensive item. Company insurance is far less volatile than personal insurance.
Customer: replied 12 years ago.
i need convincing enuf arguement to sway my employer/boss to reimburse me(get on same page as me and precidence of the construction industry>>>to reimburse)....File small claims on what grounds of negligence of commitment/liability?...Their deductible is $1000.00 and they have no ryder policy for tools..I was even told that if the whole truck was stolen...that i would be responsible for the loss i would incure....There argument is that i accepted job knowing i needed to supply my own tools..."My"...being the key word..Therefore...i am liable and responsible for the safe keep of "my" tools...And therefore accountable for any losses...If i made suitable wages for work performed i would not be so inclined to make an issue of $218.00...But i make below scale for work and i am overqualified for the job(27 yeras experience in Maintenance and construction industry)
Expert:  BANDER replied 12 years ago.
first , you have some answers already. so im not sure what you are wanting from others. go to your employer and speak from the heart. this conversation must be a win/win for both parties. find out what they are willing to do. are they happy to lose you. if so you have your answer. if not they value your contribution and now you must find a win/win. good luck
Expert:  jtrent replied 12 years ago.
if the employer lent you the tools while you are an employee of course because then you wouldnt have any tools, the fact that your on call 24/7 plus and expecially because you were off duty, your employer is not responcible for the loss, the way they see it is, they cant watch you and your tools and all of their other employees, its your own responsibility, they are not concerned with it if its not their loss, thats just the way business works, its all about making their proffit, there not going to lose money on something that is of no concern to them

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