Can a server be sued by their employer for selling alcohol to someone with a fake ID?

UPDATED: Oct 1, 2022

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Can a server be sued by their employer for selling alcohol to someone with a fake ID?

Suppose a server at a restaurant serves alcohol to an undercover liquor board
representative. The representative presents a liquor board citation and the
restaurant is on the hook for the fine.

Can the owner of the restaurant file a suit in small claims court in which they
demand the server pay for the fine and any other costs incurred in the process of
dealing with the citation

Asked on October 5, 2017 under Employment Labor Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, the server may be sued by the employer in this case. Whenever anyone--including an employee--costs someone else--including their employer--money due to either their negligence (or carelessness) or intentional wrongful act, the person or business which lost money due to the other person's act is entitled to compensation and may sue for it if not provided voluntarily. In this case, the employee's negligence cost the employer money(the fine and any costs from the liquor board's action); the employer may recover it from them, the same way the employer could recover its loss from the employee if the employee lost cash he or she was sent to the bank to deposit, or carelessly broke a chandilier or light fixture.

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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