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Did you notify anyone that you had left it on the desk or did you send an email/text to let anyone know?
Also, how long have you been working for this company?
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Many thanks for your patience. It is possible that you could be held liable for the loss due to negligence. The negligent act would be that you left the radio unattended on a desk rather than personally hand it to someone or just kept hold of it until you had the chance to see someone in person to whom you can hand it over. There would not have been a strict requirement to have been issued with any terms or disclaimer requiring that – it would have been an implied and common sense expectation that if you were entrusted with company property, that you would look after it until you had the opportunity to give it back to someone who could take over responsibility. Leaving it on a table without personally ensuring it is handed over would likely be a negligent act, whether there was any disclaimer or not.
Saying that, at this stage they are just asking you for compensation for the unit, they cannot force you to pay. This can only happen if they actually go to court to make a claim for its value and win. There is no guarantee it will ever go that far so you could consider just refusing to ay and see how far they take it. If they do make a formal claim then you can reconsider your options and whether to defend it or just agree to settle.
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Thank you. So as mentioned whatever they ask you for, you cannot be forced to pay them at this stage. Regardless of what your liability may be, you can argue that the lack of any specific rules on handing the radio back means that you have not done anything wrong as you left it on their premises in an office where only authorised personnel should have had access. If they wanted to try and force you to pay then they will have to go to the small claims court and issue a claim against you. I am not sure they will got that far and it does depend on the value of the item as the lower the claim the less likely it is anyone would take the time and effort to go to court. So wait and see where they take this – if they make a claim you can try and offer some sort of settlement to get them off your back, or you can have your day in court and see if you manage to defend their claim. Even if you lose you will not be responsible for their legal fees as each party pays their own so the risks are relatively low.
Hi there, insurance could indeed be an option, assuming they have insurance which covers them for this. They could then pursue you for the excess instead.
The value could be worth taking to the small claims court but you simply do not know what their thoughts on this are and if they are willing to do so. They may not have a legal team which they can pass this on to without spending more money so that could put them off. Whatever I say about this will be pure speculation so I cannot really tell you if they will go further or not – only time will tell