Can my employer demand on the spot payment from my tips if I fail to price a meal ticket correctly?

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Can my employer demand on the spot payment from my tips if I fail to price a meal ticket correctly?

Can they make me compensate for the money lost on the ticket by paying for it out of my tips on the spot or do they have to just write it off?

Asked on June 23, 2012 under Employment Labor Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An employer may not force an employee to pay for any losses, like a mispriced meal, unless the employer sues the employee for the money and proves in court that the loss was due to the employee's negligence, or carelessness. So the employer may not simply take money out of your tips, unless you consent, or agree, to let them do so.

However, besides suing an employee whom the employer believes has cost it money, an employer could terminate (or suspend, demote, reduce hours, etc.) an employee whom it believes is costing it money through carelessness, unless the employee has an employment contract preventing such action.


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