Can I sue my employer for negligence?

UPDATED: Oct 2, 2022

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Can I sue my employer for negligence?

I am a server and my company has a caterer working for them. I have voiced my opinion multiple times that the cater is stealing my tips/tabs off the tables. It was confirmed with security tonight that someone has been

stealing after weeks of my complaints.

Asked on August 29, 2019 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot. The employer is not responsible for another person's criminal activities, any more than you would be responsible if you had a party in your home and one of your guests stole other people's cellphones out of their bags. The employer is not the police, and has no duty to protect you from the caterer's criminality. You can, of course, sue the caterer, who is liable for any amounts stolen, and also look to press charges against the caterer.

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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