Legal Question in Employment Law in California

labor law question

I work at a hotel and when a guest is checked in with a credit card, the system authorizes for the charges. Generally, if there are insufficient funds to cover the cost of the stay the system will give a message stating this, but on rare occasions it will not. Recently a guest stayed two nights and when he was checked out, it was found that the authorization didn't cover his stay and the credit card declined, resulting in loss of some of the revenue for the room. Now my employer is threatening to make the clerk who checked this guest in pay for the room out of her pocket to recover the revenue lost on the room. Is this even legal?


Asked on 12/06/08, 6:39 am

2 Answers from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: labor law question

Hello. No, this is not legal.

Under California Law, ordinary and expected business losses not resulting from employee intentional recklessness, are part of the ordinary business risk/loss that the employer may not shift on his employees.

Thanks,

Arkady Itkin

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 12/08/08, 2:08 pm
Terry A. Nelson Nelson & Lawless

Re: labor law question

No. Employees are not liable for damage from simple negligence or error, certainly not for something not their fault.

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Answered on 12/08/08, 2:29 pm


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