Can an employee sue me for not getting his permission to call a hotel to credit him back on his personal credit card?
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Can an employee sue me for not getting his permission to call a hotel to credit him back on his personal credit card?
An employee booked and paid for his hotel expense with his personal credit card for a company related work trip. After he submitted his expense report I called the hotel to see if he could receive the govt per diem rate vs the regular rate. The hotel was okay with it and credited back his card for the difference. I did not ask for the employee’s permission prior to making the phone call to see if this would be okay with him. Can he come back and sue me because I did not get his permission to call the hotel and credit his personal credit card?
Asked on June 27, 2012 under Business Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Arguably, if you claimed either to be this person or any authority to speak on his behalf, you did act wrongfully. (Though not if you were very clear about not being him and not acting with his authority.) However, even when someone has acted wrongfully, for there to be a viable lawsuit, there must be some loss or damage. Since what you did does not cost him anything, it's difficult to see how he could sue you. The legal system, with only a very few exceptions, only provides compensation for actual injury, damage, or losses; no loss, nothing to sue about.
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