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Can my employer hold me responsible if...

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daveinin

Junior Member
What is the name of your state? IN

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I'm not sure if I am posting in the right forum, but here's my side:

I am a direct salaried employee for a company in Indiana. My job requires the use of a laptop computer, which was assigned to me by the company. A couple weeks ago my car was broken into while I was travelling on company business between facilities, and along with personal items the laptop was stolen.

The theft occurred in the parking lot of a restaurant during lunchtime on a weekday in a very busy and fairly safe area. The laptop was not in plain view, so I don't see how anyone can claim I was negligent. I immediately informed the IT department and filed a police report.

I received an e-mail last week inquiring if the insurance claim has been settled. When I asked about the message I was informed that I am required to file a claim on my PERSONAL homeowners or auto insurance policy and reimburse the company for the loss of the laptop. When I argued, I was informed that a (retroactive) company policy requiring employees' signatures is coming out making all employees responsible for the safe-keeping and loss of company property regardless of circumstances.

I checked with the HR department, and currently there are no policies in the company handbook stating that employees are responsible in this situation. When I was hired I signed a copy of the company's IT policy, but that document only addresses issues like confidentiality of intellectual property.

My insurance does not cover theft of company property, but that is besides the point. There is some precedence where another employee reimbursed the company for theft of a company laptop a few years ago, but that employee turned in an insurance claim stating it was personal property.

Can my employer force me to be responsible for this theft? Can they enforce a retroactive policy? Unless every current employee is held responsible for every past loss of property, can I be singled out in this case? I would think if anyone would be asking for reimbursement, it should be me for my broken window and stolen items. Thank you.
 


ecmst12

Senior Member
Your HO policy can't cover stuff you don't own as a first party claim, and I don't think this could be a liability claim either. It SHOULD be covered under the company's insurance. I can see them requiring you to cover the deductible, but not to have to replace it totally out of your pocket, unless you were somehow negligent causing the damage or loss.

If you were using your own personal car to travel during the work day, I believe the break in still falls under your personal auto policy. The company is not responsible for insuring YOUR property anymore then you are responsible for insuring theirs.
 

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