Can my boss charge me for this?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my boss charge me for this?
I work at a hotel, our boss wants us to collect credit card numbers for all guests as a way to guarantee the guest would stay. Sometimes we forget to do so, and one of those guests might be a no show. Since we can’t charge the person for the lost night as a no show because we don’t have the guest’s information, management forces us, the employee to pay for that night because they lost revenue for our mistake. As far as I read on the federal wage information, that is illegal since we get paid federal minimum wage. What options do I have?
Asked on January 14, 2018 under Employment Labor Law
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If a someone costs their employer money either due to carelessness or an intentional act, they become liable for that money. That having been said, an employer simply cannot make a deduction for it without the worker's consent written consent. However, this doesn't mean you don't owe it, it just means that your employer must sue you for it if they want to collect. Additionally, they could legally terminate you for this.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, it is legal: if you cost your employer money through your carelessness (e.g. failure to collect credit card information), you become liable for (i.e. have to pay) that money. It is true that the employer cannot simply deduct that money from your pay without your consent or agrement--employee pay may only be deducted or withheld with employee consent or by court (or IRS) order, such as for wage garnishment. But the fact that the employer cannot unilaterally take the money out of your pay doesn't mean you don't owe it: the employer could sue you for it. And/or the employer could legally terminate you for costing it money without repaying the funds.
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 AttorneyPages.com 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.