Can an employer for you to pay fees surrounding for a 2nd inspection if it was your fault the store failed the 1st inspection?

UPDATED: Sep 5, 2011

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Can an employer for you to pay fees surrounding for a 2nd inspection if it was your fault the store failed the 1st inspection?

I work for a national fastfood chain as a shift manager. Recently, we failed an inspection because of one small thing that I did. Small or not, we failed, and now the higher ups are saying that I will be responsible for a 2nd inspection ($251), even though I was never warned verbally about the possibility that I would have to pay, nor was there any indication that I would have to pay such fees in the paperwork I was given when I first started working there. I know little about the company policies but I’ve never heard of this happening to other people. Can they do this? And how can I fight it?

Asked on September 5, 2011 under Employment Labor Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Legally, whether they can make you pay this will depend on the franchise and other agreements between you and the company. Those agreements form a contract; a contract is enforceable as per its terms; therefore, if the agreement says you have to pay, you have to pay; and if the agreement(s) does require you to pay, you would seem to not have to do so. Check the agreement(s) again; ask the company to point to the language or term requiring you to pay.

Note that regardless of who is legally in the right or wrong, you should also ask yourself if fighting your compnay over $251--a fight that could turn into litigation--is worth it as a practical matter. Just one or two hours of a lawyers time would outweigh the money you hope to save.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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