Help Wanted: Staff not liable for repairs

DEAR CARRIE: We recently had a staff member repack a rented electronic gadget for return to a rental company. Another staff member, the office assistant, who is the owner's niece, was told to prepare the shipping label for the package. The niece did not order extra insurance protection because no one asked for it. The boss assumed that everyone knew that additional insurance was crucial on all shipped electronics. Well, the equipment was not packed correctly, and its LCD screen was damaged. The owner paid $250 to repair it. Now he wants the staff member who packed the unit to reimburse the company. Is this legal?

-- You Pack, You Pay?

DEAR YOU PACK: The owner cannot legally deduct the repair cost from the employee's check, and he cannot demand a separate payment.

Section 193 of state labor law states it clearly:

"Employers may not deduct from wages the cost of breakage or spoilage of materials; nor may employers make wage deductions in any indirect manner, such as requiring a worker to pay for shortages by means of a separate transaction."

But the company can legally fire the person. New York is an at-will employment state, and that means that unless an employee is covered by a contract, the company can fire the person at any time and for any reason, unless the intent is discriminatory.

DEAR CARRIE: I recently was let go as a purchasing agent for a local municipality. The state Civil Service Commission rescinded my appointment, citing my lack of qualifications. The announcement for the position listed "five years experience in the purchasing field," which I didn't have. When I applied, I was forthright and listed my qualifications: a bachelor's of business administration, or BBA, and an MBA. I took the civil service test and finished second on the list. During my interview with the city manager, I again told him my qualifications. He had a Civil Service Commission certified list, where my name appeared. The municipality hired me, and I worked for almost 21/2 years before two disgruntled ex-employees complained to the commission. I was let go. Do I have any recourse to get my job back? -- Reinstatement?

DEAR REINSTATEMENT: For an answer, I turned to an employment attorney whose expertise includes the public sector, such as civil service. The lawyer, John Diviney of Rivkin Radler in Uniondale, stressed that without knowing all the facts of your case, he could only speak in broad terms.

The state Civil Service Commission does have the authority under Civil Service Law (Section 25) to rescind certain appointments, Diviney said. "The standard to rescind an appointment is that in connection with the initial appointment the provisions of the civil service law were not properly or sufficiently carried out," he said. "In this case, apparently, the applicant did not meet the qualifications required."

The state commission, he said, must give written notice to the local commission indicating which provisions were not carried out and provide the local commission and the aggrieved person a "reasonable opportunity" to present opposing facts.

For more on prohibited wage deductions, click here; for more on civil service certification lists, click here.