Is the company responsible?

[mom71484]

What is the name of your state? Virginia
My husband is an electrician who works for an electrical company. Recently he left all of his tools in a work vehicle (like alot of workers do) It was the vehicle he and another used everyday. Both left their tools inside , made sure it was locked and since it is parked behind the building they work for with around 15 -20 others they should have been safe it is private property. That same night the work vehicle was broken into and both mens tools were stolen. Their employer has no policy on whether they can leave their tools or not. It had happened once before to another worker and since the company has insurance they covered everything missing. This time the boss said he isnt turning it in because his insurance will go up....can he legally do that?, especially since he filed a police report which will have everything missing which im assuming will go to insurance...can he claim the money for the guys tools missing and pocket it?What is the name of your state?

[CALIFPROLAW]

Originally Posted by mom71484

What is the name of your state? Virginia
My husband is an electrician who works for an electrical company. Recently he left all of his tools in a work vehicle (like alot of workers do) It was the vehicle he and another used everyday. Both left their tools inside , made sure it was locked and since it is parked behind the building they work for with around 15 -20 others they should have been safe it is private property. That same night the work vehicle was broken into and both mens tools were stolen. Their employer has no policy on whether they can leave their tools or not. It had happened once before to another worker and since the company has insurance they covered everything missing. This time the boss said he isnt turning it in because his insurance will go up....can he legally do that?, especially since he filed a police report which will have everything missing which im assuming will go to insurance...can he claim the money for the guys tools missing and pocket it?What is the name of your state?

My response:

The company is not liable to your husband. They never instructed him to leave his tools in their truck, so he took a calculated chance and accepted the risk. Also, the company is not liable for the criminal acts of third persons.

So, your husband loses on two grounds, either of which "knock him out of the park."

IAAL