Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

unintended damage to company property - employer wants to deduct from salary

2 posters

Go down  Message [Page 1 of 1]

amethyst03


Arresto Menor

Hi, my husband is a project employee handling technical support for a computer store. One part of his job is to assist customers who have bought large quantities of items by helping them bring the items to their vehicles. Just a few days ago, he was using the company's cart to haul several purchased items. He was doing this slowly to avoid the customers and the displays in the store.  When he was about to get out of the store's door, a customer suddenly went in. (Their store is located inside a mall so foot traffic is heavy.) To avoid colliding with the said customer, he swerved his cart slightly to the opposite direction. However, the momentum was a little strong due to the weight of the items inside the cart. The store's glass door was hit by the edge of the cart, causing it to break. The store owner wants to charge the entire cost of replacing the door (around Php 20k) to my husband.

Is this right? Please give us advice on what we should do/ what our options are.  
Crying or Very sad  Crying or Very sad  Crying or Very sad
Appreciate your help!

HrDude


Reclusion Perpetua

amethyst03 wrote:Hi, my husband is a project employee handling technical support for a computer store. One part of his job is to assist customers who have bought large quantities of items by helping them bring the items to their vehicles. Just a few days ago, he was using the company's cart to haul several purchased items. He was doing this slowly to avoid the customers and the displays in the store.  When he was about to get out of the store's door, a customer suddenly went in. (Their store is located inside a mall so foot traffic is heavy.) To avoid colliding with the said customer, he swerved his cart slightly to the opposite direction. However, the momentum was a little strong due to the weight of the items inside the cart. The store's glass door was hit by the edge of the cart, causing it to break. The store owner wants to charge the entire cost of replacing the door (around Php 20k) to my husband.

Is this right? Please give us advice on what we should do/ what our options are.  
Crying or Very sad  Crying or Very sad  Crying or Very sad
Appreciate your help!

It is unfortunate but this is the right action for the employer. Your husband is somewhat negligent in his act and such is the direct cause of the damage. Your husband has to bear the value of the damage.

amethyst03


Arresto Menor

Thank you for the response HrDude..
Just a question, shouldn't gross negligence be established first before he is made to pay?

HrDude


Reclusion Perpetua

amethyst03 wrote:Thank you for the response HrDude..
Just a question, shouldn't gross negligence be established first before he is made to pay?

NO, identifying the direct cause of the damage is enough to make a person liable for payment. Establishing the existence of Gross Negligence can only be entertained to determine if additional sanction of suspension or termination can be applied.

Sponsored content



Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum