Does the employer pay in NY?
jdlongjr
1 Post
Situation: Employee of hospital leave backpack with valuables in nurses locker room because the employee is not given a locker herself. She can't keep the backpack and belongings with her, because she works in an area that is sterile. The hospital is aware that there is a history of pilferage from the locker room; the employee (a new one) is not. The backpack is stolen when the employee is on duty. The result is that the employee has to replace the stolen items (about $700) and have the locks on her apartment in Brooklyn replaced (another $700). Is the hospital liable, since it provides lockers for all other employees, but not the group to which this employee belongs?
Comments
I once worked for an employer that utilized substantial numbers of temporary employees as casual labor, many of whom carried backpacks (our employees all were assigned lockers and company-owned locks). After the second backpack was stolen, we instituted a policy prohibiting casuals from bringing backpacks onto the premises and posted a notice that the company was not responsible for loss of unsecured valuables. If a casual showed up with a backpack, we told them to secure it elsewhere (e.g., in their car) or we would send them back to the temp agency.
I think you might be setting a very dangerous (and expensive) precedent if the hospital absorbed the employee's loss and the law does not require the hospital to do so.
Sounds like the employees are in a catch - 22.
My $0.02 worth.
DJ The Balloonman