Damage to company property: pay docking is seldom an option.

In the February 21, 2003, issue of this newsletter, we pointed out that in virtually all instances, the California Labor Code rules out any attempts by an employer to dock an employee's paycheck for "simple negligence," i.e., when an employer suffers some loss as a result of the action or inaction by an employee. Dropping a tray of dishes or a cash-register shortage, among other things, generally come under the heading of simple negligence. Docking is off limits because breakage and the like are considered an employer's cost of doing business; it would be improper for an employer to seek reimbursement under these circumstances.

In extremely rare instances of "gross …