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Employer's responsibility to employee's property that is lost, stolen or vandalized under VA state law

Asked over 3 years ago - Hayes, VA

We are trying to find out a answer to a legal question and don't want to ask our legal department, if you can't answer us perhaps you can refer us to who might help us? Suppose a employee who became disabled by an on the job injury was prescribed medical equipment say oxygen, a wheelchair, or a TINE machine and someone at work vandalizes or steals it? Since it occurred on federal property and is by default actuality federal equipment is it mandatory that it be investigated? If so who would we notify the FBI of the Defense Hotline? I would appreciate any consideration you can give this matter. Thank-you
Gary Adams

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I had to have two chairs getting out of one at the door and crawling to the second one. While on leave my wife sat in my chair and completed her time card. When I came back to work I found someone had beaten my wheelchair with a hammer. Anyone who entered this building had to use a card and there for could be recognized. Whoever did this did not do it during the business day as it would have been noticed. I learned regular employees had to be out of the building before the last supervisor left and that their cards would not allow them back in after 1800 (6:00 pm) or on week-ends. The agency and Commander refused to allow an investigation and have refused several freedom of information requests to learn who had been in the building. I actually became scared and took the agency's offer to retire. However the issue is causing me significant problems, there-in the question can I demand an investigation? Thank-you

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Kristin Alden

Reputation Level 7

Answered over 3 years ago. Employment / Labor Attorney in Washington, DC.

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Your question raises several options and more information would be helpful.
Investigations could be conducted by the Office of the Inspector General, the Ombudsman, and/or the FPS -Federal Protective Services. If you're with the Army, it could also be an AR 15-6 investigation.

If property was given to the employee because of a medical and if the employee needs the equipment as an accommodation or because of the medical condition, there may be issues under the Rehabilitation Act (the federal employee's equivalent of the ADA). Thus, the EEO office might be able to investigate.

Because of the Federal Employees Compensation Act claim and/or a Workers Compensation Claim are triggered, there may be additional options.

One option would be to go to the boss and let them know. It seems that the most important issue is why was the property stolen and how do you know it was stolen by someone at work? What was the motivation when it was stolen. These types of questions may help guide where the employee could go for advice and help.

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