Working World

I left for a meeting in an office next door, and when I returned, my purse had been stolen from my office. We suspect one of our part-time employees, who mysteriously left due to an emergency after lunch and never came back. In a case like this, is my employer liable for my loss?

Unfortunately, it is you who will have to bear the cost of the theft you describe. Under Labor Code Section 2802, an employer “shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer.”

In plain English, this means that the employer has to pay for: (a) all equipment and supplies necessary to perform the job (with some minor exceptions); and (b) the costs and attorney fees associated with an employee being sued for conduct within the scope of his or her employment.

Since carrying a personal item such as a purse is likely not equipment required by your employer or necessary to perform your job, your employer does not have to pay for your loss.

As a practical matter, if you do not currently have access to a locked drawer or cabinet in which to place your purse, a request for a locked area certainly appears reasonable.

Amy Semmel is an attorney with the firm of Donfeld, Kelley & Rollman. Her practice emphasizes employment, trade secret and business tort law. The information discussed here is a general explanation of the law, and is not intended to serve as legal advice. Readers requiring legal advice regarding a specific situation should consult an employment attorney.