Is it legal to require employees to pay for ruined or mistaken food orders while working for a restaurant?
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Is it legal to require employees to pay for ruined or mistaken food orders while working for a restaurant?
My boss, since I began employment, has forced us to have our wages deducted or pay upfront costs for food orders that are made incorrectly or destroyed. I have complied with it before until several other employees of different food businesses said it’s illegal to pay for such mistakes. The business isn’t a franchise, is privately owned and currently has no union.
Asked on August 26, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
An employer may not deduct wages from an employee without employee consent or agreement (except as required by law, such as for taxes). So your employer cannot simply take money from you against your will.
However, if you do not have employment contracts protecting or guarantying your employment, your employer could fire a server for incorrect orders or otherwise costing it money unless the server agrees to reimburse the employer for the cost. So you could refuse to allow a deduction and save that money, but then lose your job.
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