are employees liable for stolen equipment

**RevolutionContracts** · 08-19-2010, 07:59 AM

I am wondering, when you give a truck to a employee, he is responsible for stolen property? If equipment get stoled more than once , will you dismiss the guy services or charge him for the value of the item? the law back you up on that?

**spotman123** · 08-19-2010, 08:33 AM

Sometimes you can't help things getting stolen. When I am in certain known crime "areas" I keep all doors locked when possible. Not sure how I would handle that JS, since I do not have employees. Tough call. spotman

**Jason Whaley** · 08-19-2010, 08:55 AM

When I used to deliver bottled water many years back we were charged for any lost or "stolen" items.

How do you know which is which? It is possible the tech says it must have been stolen but what if it was just left behind?

We paid for all lost items out of our trucks. I lost a couple of dolly's over the 6 years I worked there and I did end up paying for them.

Coke does the same thing. All of their inventory is counted up at the end of the day and if they are short the delivery driver pays.

Now the question is what would you do? Personally I would not charge my tech for an accident. That is unless he has accidents all the time! Then I am not sure I would want someone like that working for me!

**Frank DiGi** · 08-19-2010, 09:52 AM

I would think if your going to charge the employee if he stole it yes..If was stolen from the truck few times like more then once grounds to let him go.
He is not careful .. I would have a agreement in writing when hiring .Then you could charge for not being careful with your property.

**Scott W** · 08-19-2010, 11:12 AM

State laws differ on the reasons you can terminate an employee. If you are located in an "at-will" employment state, you can discharge an employee for any reason or no reason. Other states may require a reason that is valid under their local regulations. Be sure to check with state employemnt department if you are considering terminating an employee.

Dishonesty or theft is a valid reason in every state that I am aware of. However, there is a difference between things being missing while on his watch on proving that he was responsible or complicit in a theft.

Docuemnt any discussion , warnings, reprimands or disciplinary actions taken. If it becomes necessary to terminate an employee, you want to be backed up in writing.

**brucehudson** · 09-02-2010, 12:26 AM

Depending on the circumstances, it may be difficult to prove something was "stolen", and if it was, to prove your employee stole it.

As New York is an "at-will employment" state, you do not have to give a reason for terminating an employee. You can terminate someone for any reason, or no reason at all. Discrimination laws come into play here, but that is a different post for a different day.

You may have some liability as far as unemployment, if you do not terminate "for cause".

If you can prove that the employee has stolen an item, that is cause and a history of disciplinary write up would not NECESSARY. If you can not prove it, you can terminate an employee for failing to properly care for company property. This would require documentation of when you discussed the problem with the employee, both verbally and in writing.

I assume your company has a policy manual? Be sure to refer to this in doing write ups regarding care custody and control of company policy.

You may also want to ask yourself, if your employee has stolen from you, has he stolen from your customers?

**Scott W** · 09-02-2010, 12:45 PM

Nice to see you posting here, Bruce. Thanks for the input!

If some of you do not know Bruce, you should get acquainted. He is an expert on rules and regulations regarding leasing and financing on every state around the country. He can help you get the best deal when you are buying equipment or answer your questions on loans and leases.

**Steve Toburen** · 09-02-2010, 01:36 PM

Originally Posted by Scott W

State laws differ on the reasons you can terminate an employee. If you are located in an "at-will" employment state, you can discharge an employee for any reason or no reason. Other states may require a reason that is valid under their local regulations. Be sure to check with state employment department if you are considering terminating an employee.

Dishonesty or theft is a valid reason in every state that I am aware of. However, there is a difference between things being missing while on his watch on proving that he was responsible or complicit in a theft.

Document any discussion , warnings, reprimands or disciplinary actions taken. If it becomes necessary to terminate an employee, you want to be backed up in writing.

Dang. Other than being a not-so-great speller Scotty is one smart cookie. One suggestion we are making to our SFS members is look into "pre-paid legal" so you can run this stuff by them. It is so cheap to do it before-hand and so very expensive after wards as in defending yourself in an unfair termination lawsuit.

Steve
www.SFS.JonDon.com

PS Once again, for everyone who has employees or is even thinking about employees please read this information on adding "employee accountability" to your company procedures. These concepts may save you a lot of money and heart-ache. The report is a free download and available to everyone. (Even Scotty.)

http://sfs.jondon.com/2999/resources...o-your-company

**Gnu** · 09-02-2010, 08:17 PM

despite if an item was simply misplaced, left behind, employee stolen, pedestrian stolen. what was the item? a porty, up tool, gps, wand, or a spot remover bottle? Alot of turds walk by a steal crap from company vans like gps, bottles of chems, the expensive stuff. if its a hose, wand, spray bottles more than likely they were left behind. Keep in mind a custy isnt always honest either.
also check craigslist and ebay for items matching your missing stuff. have a friend go check out the item if that is the case of it being yours. then press charges.

**Brad** · 09-03-2010, 02:03 PM

I would require them to file a police report. That way if the items show up latter you can get them back and if the missing items are linked to your employee as theft they may be charged for filing a false police report. The best part is that it is not up to you to press charges or deal with the court system.
Plus after you require them the first time to report it I bet things will not go missing again. Also you could probably judge there reaction to the request and come up to your own conclusion.

**CCWorks** · 09-10-2010, 09:45 PM

Originally Posted by RevolutionContracts

I am wondering, when you give a truck to a employee, he is responsible for stolen property? If equipment get stoled more than once , will you dismiss the guy services or charge him for the value of the item? the law back you up on that?

Nice question and great info.