The thing is if he loses it and has to pay, the money comes out of his pocket, if the boss loses it it comes out of the company's funds and it's a write off.
I don't quite understand this mentality.
So, if the boss (owner) loses it, and the money comes out of company funding(the Boss' pocket), it is OK because of some mysterious write-off?
There is no such thing as a write-off.
There is a such thing as a deduction. Which would come off of gross revenue.
But the cost of a lost tool cannot be 'written off'. The original cost of the tool could be deducted, and if the cost is high enough, it could be depreciated at the time of original purchase. The cost of the replacement could be deducted(or depreciated) at time of replacement purchase.
If the employee was to pay for lost items, the company has no right to the deduction(or depreciation) of the replacement.
Many employers will try this scam, which is tax fraud.
Back to the Deductions for a second.
To have a deduction, you have to pay for something.
As the owner of the company, I don't want to have to pay for something, just to get a deduction. In a perfect world, I would pay for nothing and have no deductions, and keep all my money.
I do not understand the mentality 'oh buy this, it's a deduction.'
That is not good business sense.
Now:
I agree that anyone can and will make a mistake.
But, where does responsibility lie?
This country is full of people that do not want to take responsibility for their actions.
This guy lost an important and costly piece of equipment.
Over the years, my attitude on this has gone back and forth. Should the irresponsible employee pay or not? Morrally and Ethically, Absolutely.
Can you LEGALLY take the money out of his check? Nope. (and in some states, it doesn't even matter if he signed a statement saying you can). Check with your Lawyer.
Can you make arrangements with the employee to deduct the cost, or just withold the money? You can try. (he could allow you to, or you could just withold it, and he later could possibly sue you).
Should you? only you can answer that one.
Whether or not you ask the employee to pay for in full or in part for lost or stolen equipment is a decision you alone have to decide. But, check with your lawyer, first.
You can always fire the employee.
This sometimes is the only solution.