If my employer provides combination lockers, are they responsible for money stolen from the locker even though they have a disclaimer sign?

My employer had problems distributing paychecks so they offered to cash them for everyone. Since they did this in the afternoon we didn’t have a chance to go to the bank. When I went to my assigned locker after work I discovered someone had opened it and stole $500. Not broken into but opened. The company has a disclaimer on the wall but could they still be held responsible?

Asked on January 4, 2011 under Employment Labor Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Those signs are everywhere and employers always attempt to limit their liability by making everything "at your own risk."  Here, though, I think that you may have a shot at getting some of that money back.  The issue is really control of the locker: did the employer relinquish control to you and were you under complete control of the locker at the time of the theft.  If they merely provide the locker and you had to bring your own lock then I would say that you may not have a case.  But, if they provided the combination locks and you had to use them to use the lockers then they still maintained some control here. And they may have been negligent in the handling of the combinations.  Good luck.


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