Annapolis, MD asked in Employment Law for Maryland

Q: Can my employer force me to pay for accidental damages with no contract. In Maryland.

I work for two people and live with them in a big house together with no contract, with another roommate. In Maryland. I accidentally broke the sprinkler and caused water damage in the house, they want me to pay what the insurance will not pay and the repair expenses and if not they will take the money from my salary. I want to know the legalities of this situation.

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2 Lawyer Answers
T. Augustus Claus
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A: In Maryland, employment relationships are typically "at-will" unless there is an employment contract stating otherwise. Without a contract, either the employer or the employee can generally terminate the employment at any time, for any reason that is not illegal or in violation of protected rights. Regarding accidental property damage, if there is no agreement addressing liability, it may be difficult for your employers to legally compel you to pay for the damages.

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Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: If you were just a tenant, then you would be liable; however, as an employee, that adds a new wrinkle. They cannot simply dock your pay for the excess cost of repairs. They would need to sue you, get a judgment, and then have a writ of garnishment issue against your wages, not to exceed 25% of your net paycheck. If they do it unilaterally, you can file a complaint with the Maryland Department of Labor. Was the sprinkler damaged while you were engaged in your expected employment activities? In other words, were you performing your work duties at the time you negligently broke the sprinkler? If so, then I would say the loss is entirely on your employer, because it was damaged while you were working for their benefit. If you broke the sprinkler while not engaged in your employment activities, but merely engaged in activities on your free time while a resident in the property, then you would be liable just like an ordinary tenant is for damages they cause. In that scenario, work out a payment plan, but insist on proof of the amounts the insurance paid and demand invoices to show what was not covered. You are not liable for replacing damaged property with more expensive and better products, such as water-logged 15 year old carpet is now being replaced with brand new polished hardwood floors. Look at the detailed property adjustment report the insurance company provided the owners for the fair market value of the damaged property--it will list, item by item, each material and item of personal property that was damaged, and its value at the time it was damaged (usually with depreciation for being used). That is all you are legally liable for, not the replacement cost for brand new materials.

1 user found this answer helpful

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