Can my employer make me pay for a tab that was mistake made by another employee who was helping me?

Asked almost 4 years ago - Los Angeles, CA

I work in a restaurant. I was busy helping another table, but other table is ready to order food and drink I asked my co worker to help and she ranged the items on the wrong check. I closed out my check and they took off. I got a call 2 hrs later that I have to pay for the tab was it was our mistake. I know we can be written up and be fire for that, but is it legal to make us pay for tab that was simply a mistake

Attorney answers (2)

  1. Troy Austin Pickard

    Contributor Level 17

    Answered . No, your boss cannot force you to pay for something like this. Your boss can ask you to pay for it, and if you refuse your boss can fire you.

  2. Douglas M Larsen

    Contributor Level 11

    Answered . An employer in California is generally unable to make employees pay for the cost of errors. In this state, the theory is that the employer reaps the benefits of employees performing well; therefore, employers should also bear the burdens of employees who make errors. Accordingly, an employer cannot take money from your check. You are correct, however, the employer can discipline you, including possible job loss.
    You can file a claim with the Labor Commissioner for the money the employer took from your check due to a mistake.

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