Employer liability for damages for abandoned property
According to the Labor Code, an employer is liable for damages caused to an employee\’s personal belongings that are normally brought into the workplace and put away by the employee in a designated or customary place for that purpose in the performance of his or her duties or in direct connection with his or her work.
A wallet is undoubtedly an article customarily carried in the workplace. However, where the wallet is placed is important in determining whether the employer is actually obligated to compensate the employee for damages caused by the theft of the wallet. This is because you are entitled to compensation only if the employer designates a place or if it is customary for you to put it away in such a place.
Where to put it away?
To ensure the safe storage of items that employees typically bring to the workplace (e.g., jackets, purses, etc.), employers often designate in internal notices or work rules a specific place where employees can store their belongings.
If your employer had previously designated that your wallet be placed in a lockable drawer, but you failed to do so and left it on your desk, the employer is not liable for damages. The burden of proof is on the employer to prove that you knew of this policy. Otherwise, the employer would also be liable for damages for items not stored in a locked cabinet.
However, even if your employer did not designate such a place, you may not leave your belongings unattended in that area. You must exercise what is called “ordinary care” and pay attention to your belongings. If your desk is in the middle of a room where a large number of strangers are constantly moving about, the risk of losing your wallet is much higher than in a closed office, and as a result you are proportionately liable for the loss to your employer.
Additionally, it is important to note that you must notify your employer of the loss without undue delay in order to recover damages. You must report the loss of your wallet within 15 days of learning of the loss. Failure to notify the employer within the time limit will terminate the right to compensation for the stolen wallet.