damaged personal property

[mike62]

i live in texas. recently i was layed off from my job as a machinist. the folowing day i returned to pick up my tool chest. my former supervisor was using the company forklift to load the chest into the back of my pickup and the chest fell over. several items were damaged (approx. $1500 new replacement cost), and i had asked that only the chest be replaced. i was offered $100 from the company owner stating that the chest was a few years old, and that i should be held partially responsible for what happened. i refused the offer and claimed no responsibility because i was not driving the forklift. Can the company be held liable for the damages, and if so, since none of the items can be repaired properly, can they be valued as new, or at a depreciated cost?    thank you for any help.

 

[JETX]

What reasoning did the employer give for his statement that you "should be held partially responsible for what happened"???

If the case is as you present it, company loading, company equipment, company operator, etc. then it seems obvious that they would be responsible.

I suggest you get an estimate for replacement of the damaged property and submit them in writing to the employer with a request for payment. Send it certified RRR and give them a time for response. If they do not respond, or not favorably, you should consider filing a small claims action (limit $5,000 in Texas) against them.

 

[mike62]

The owner stated that because this was done as a "courtesy" to me, that i should assume some responsibility. There was no written or verbal disclaimer from the company stating that they would not be held liable for any damages to employee property. I had been employed at this company for approximately 7 years and have seen many other employees tools loaded or unloaded with no question. Thank you again for your help.

 

[frostysnowman]

The Hulk is correct.

Courtesy or not, if all is as described, they are responsible for repairing or replacing your tools. and box.