Employee Not Liable for Firm’s Losses

Q: I have a company car. If I am involved in a preventable accident, my company charges me $250. I have mentioned this to several other people and companies and they say it is illegal.

Can an employer hold an employee financially responsible for company equipment?

--G.V., Brea

A: An employer cannot hold an employee responsible for company losses, even if the employee is negligent. The employer might have a claim only when the loss involves intentional or gross negligence by the employee.

Don’t think that you can escape without any responsibility for your negligence, however. Your employer could fire you or take other disciplinary action. Your negligence also may be considered in evaluating you for promotion or a pay raise.

Raise your concerns about this policy with your boss. If the company continues this illegal policy, you might want to file a claim with the California Division of Labor Standards Enforcement.

--Don D. Sessions

Employee rights attorney

Mission Viejo

Firms May Trim Raises to Cut Back on Costs

Q: My employer informed me in writing when I began my current position that I would receive a performance review each year and a raise of 2.5%, 5% or 7.5%, based on my performance.

After the first year, I received a favorable review and a raise of 5%. The following year, I received a favorable review and was informed that I was to receive either a 5% or 7.5% raise.

About a week later I was given the news that I was to receive a 3.5% raise, and in future years my raise would be 3.5% regardless of performance.

Do I have any recourse?

--M.J., Santa Barbara

A: Probably not. A 3.5% raise still exceeds the minimum 2.5% increase by a percentage point, so your employer would seem to be within the boundaries of the contract.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine

Company May Obtain Worker’s Credit History

Q: I have been an independent contractor for the last two years. Recently, I decided to return to the work force.

Even though I had many years of experience as an administrative assistant and supervisor, I have been turned down for jobs because I have a negative credit report, including a bankruptcy.

I’m not seeking jobs related to handling money or credit information. So why would my credit history be relevant for a prospective employer?

--C.D., Torrance

A: An employer might legitimately regard your credit history as evidence of a number of significant character traits that might bear on whether you would be a successful employee.

The law permits employers to secure credit information on employees or prospective employees, as long as the individual is told that such information is being sought and has the opportunity to review it and respond to the credit agency if he or she believes it is mistaken.

--Michael A. Hood

Employment law attorney

Paul, Hastings, Janofsky & Walker

Paid Adoption Leave Not Required by Law

Q: My husband and I will be adopting an infant. When I called the human resources department at my company to ask about maternity leave, I was told that it fell under the Family and Medical Leave Act and is unpaid.

This seems to be discriminatory, because an employee who gives birth receives paid time of up to 23 weeks. Are there other workplace laws covering adoption?

--M.F., West Hills

A: The only general workplace laws governing leave for the adoption of a child are the federal Family and Medical Leave Act and the California Family Rights Act. However, both require only certain employers to provide an unpaid leave, as your human resources department has explained.

It appears that your employer has voluntarily elected to set a more generous paid leave policy than is required under either of these laws for employees who give birth.

Employers are free to do so, as long as they do not set policies on a discriminatory basis, such as an employee’s race, national origin, sex, religion, age, marital status, sexual orientation, disability or medical condition.

An employee’s decision to adopt is not one of the areas protected from discrimination under either state or federal law.

--Diane J. Crumpacker

Management law attorney

Fried, Bird & Crumpacker

If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice. Recent Shop Talk columns are available at https://www.latimes.com/shoptalk.

Note: Starting Oct. 1, this column will appear in Monday’s Business section.