Jan 24 2024
Summary: In Connecticut, an employee fired after a company vehicle is stolen may not have a legal claim. This becomes more likely if the employer believes there was negligence on the employee’s part, such as leaving the keys inside the vehicle. While Connecticut General Statute §54-85b protects employees involved in reporting crimes or assisting investigations, it does not broadly shield all crime victims. Unless the firing relates to protected police involvement, it is most likely legal.
TRANSCRIPT
Amanda DeMatteis: Hi, Josh.
Josh Goodbaum: Hi, Amanda. What are we talking about today?
DeMatteis: I thought we would talk about a potential client that comes in to see you and says, “Hey, I got fired from my job because my company car got stolen on my watch and my employer turns around and terminates me. I didn’t do anything wrong. Do I have a clause of action against my employer for terminating me because my company vehicle was stolen?”
Goodbaum: Probably not. You say you didn’t do anything wrong – you weren’t negligent in any way – but your employer might disagree. Maybe you left the keys in the car. Maybe you left the door unlocked. Certainly, your employer can fire you – and I think with decent reason – if you haven’t taken appropriate measures to safeguard the car that they entrusted to you.
But I think you’re asking a broader question, which is: “I’ve been the victim of a crime. Can I be fired for that?” And the answer is: it’s a little bit unclear, but probably sometimes yes, sometimes no.
There’s a Connecticut statute that’s on point. It’s at section 54-85b of the General Statutes. And what it says is that you can’t be fired from your job or otherwise penalized because you have reported a crime to the police or because you’ve assisted in an investigation or because you’ve been a victim of what’s called a “crime of family violence” – think about domestic violence, spousal violence, the violation of a restraining order by somebody else. But implicit in the idea that you can’t be fired because you’re a victim of a crime of family violence is the idea that you’re not protected if you’re a victim of some other kind of crime.
So, if your employer fires you and says, “Hey, we’re not firing you because you were the victim of a crime. We’re firing you because you got the police involved and we didn’t want the police involved,” then I think you’ve got a claim. It’s always protected to go to the police and report a crime. But, if your employer just says, “You reported your car stolen – your company car stolen – and we don’t think you did a good job guarding it, or we just don’t think you took appropriate measures to safeguard the car,” then I think you’re probably out of luck.
But have a look at section 54-85b – that might provide some recourse. And don’t hesitate to talk to an employment lawyer. It certainly can’t hurt.
DeMatteis: Thanks very much, Josh. And thank you for watching. Take care.
Posted by Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. in Commentary
Tagged Amanda DeMatteis, Joshua Goodbaum
