Missing Equipment, Agency Wants Me to Pay

[MedicTom]

This is my first post here. I'm looking for some help and information.

I've volunteered for the same EMS agency for 12 years now. I've been an EMT for 11 years. Over a decade ago I was hired as a paid employee at the same place where I started my volunteer career.

2 months ago there was an incident where an expensive (couple hundred dollar) piece of equipment went missing from the ambulance during an emergency call. It was a piece of equipment I had been issued. I reported it to the DO within 3 hours of it happening, and was told the issue would be dealt with. Two days later the DO informed me they would check with the insurance company to see if the insurance company would cover the piece of equipment. A month ago I learned the DO still hadn't checked with the insurance company, but they stated they would check on it soon and get back to me.

A few days ago I spoke with the agency President. He stated the missing piece of equipment was again brought before the BOD and all but he voted that I would need to pay to replace the piece of equipment. The DO told the BOD that the insurance company said they wouldn't cover the piece of equipment because no police report was filed when it went missing.

1) In my 12 years as a volunteer and/or employee of the agency I have never lost a piece of equipment before 2 months ago, and haven't lost anything since then.

2) There are no volunteer or employee guidelines, SOP's, P&P's or Bylaws stating what should be done in the event of equipment loss. This is the reason why I only reported it to the DO.

3) I was never told by anyone or even had the suggestion from anyone in the agency to file a police report.

4) Sometime recently the DO contacted the insurance company, but never reported back to me that they had, or what the insurance company said.

The BOD seems set on making me pay for the missing piece of equipment b/c the insurance company won't replace it. Do I have a leg to stand on to fight this?

 

[reaper]

Tell them to take it out of your check!!!!!!!!!!!!

 

[AJ Hidell]

Go postal on them. Go out in a blaze of glory.

It's the right thing to do. You know you want to.

 

[DR_KSIDE]

Our service used to issue equipment to member without signing any paperwork regarding the rules if damaged/lost, etc. Once several items went "missing" that changed, now every member that is personally issued equipment (radios, pagers, etc.) are required to sign a for stating that they are responsible if the equipment is lost or damaged due to negligence. I could go into the whole form but it is pretty lengthy. The only items that are issued that the member is not responsible if damaged are uniforms.

I personally don't see how they can expect you to pay if you never signed a form stating that you are responsible for the equipment if lost/damaged etc.
If I were you I would fight it, but I am not an attorney so I would at least start there!

 

[MedicTom]

Once several items went "missing" that changed, now every member that is personally issued equipment (radios, pagers, etc.) are required to sign a for stating that they are responsible if the equipment is lost or damaged due to negligence.

That's the big thing, the equipment was in the ambulance when I got out of the ambulance. When I sent my partner out to the ambulance to get the piece of equipment it was gone. I searched all locations we had been that day, including inside residences with a law enforcement escort before I reported it to the DO, and it was nowhere to be found. I wasn't negligent with it. I had put it in the center console between the driver and passenger seats. When I realized I didn't have it I sent my partner out to get it and it was gone.

 

[MedicTom]

Thank you for your reply by the way.

 

[AJ Hidell]

Thank you for your reply by the way.

My pleasure.

Good luck.

 

[blterry]

Just wondering what is this piece of equipment actually

 

[mycrofft]

Medictom, lawyer up.

Keep it civil, find out everything you can, admit nothing and get a lawyer. Tell the lawyer your story and see what she/he says. Is your goal to clear your name, get revenge, evade the BOD's decision, or ??

Some states do not allow a paid employee to be docked for lost stolen or missing equipment. However, the alternatives are a mark on your employee record, or the possibility of a suit from the empoyer to recover costs, or, if it is found to be intentionally or willfully taken or damaged, you could be guilty of a felony if it is expensive enough. In fact, if they are out for blood, these could all occur.

A gentle letter on a lawyer's letterhead does wonders sometimes.
PS: This is a prime example of why EMS needs a good union.

 

[Jon]

MedicTom,

I really wonder what this piece of equipment is.

At my service, Our crews occasionally leave things, like our BLS bags or pulse oximeters behind in the residence when we are removing the patient. These are usually noticed missing either during transport or when putting the rig back together at the ED/quarters after the call. I'll retrace my steps (or have our on-duty supervisor do the same) and if it is found, no harm, no foul. If it isn't found, than we write up an incident report and go from there.

It sounds like the supervisor dropped the ball, and the board wants to blame SOMEONE. Worst case, you need to pay for it. I think that perhaps seeking the advice of Counsel is wise.

 

[mycrofft]

Per our email exchange, my advice

Quick and dirty: balance your pride and feelings right now against your wishes to work for this organization anymore. If you want to tell them what they "have to do", you're done being a "valued employee". If you want to nail an individual (revenge), get a lawyer and sue that individual, but also risk permanently alienating yourself from his allies and friends. If you just wait it out, likely as not it will all blow over, but once things cool off consider that this can be symptom of a sick organization, or at least a sick branch. Want to stay with it? (You might want to get some letters of recommendation right now before the real sparks fly if you go after anyone, tell em you're looking at going back to school or something).

One thing: ask in writing that they make out a formal police crime report of the missing eqpt. They ought to have already so their insurance will cover the loss, but it will flush it out if someone nicked it. If they say they don't want to so that you are not embarassed, politely point out that you are asking them to, and that you are concerned about reclaiming the department's missing item. If they still don't want to do it, think hard about working there.