Legal Question in Employment Law in California

When I started working at my work place I was never told originally that if there was a mistake made after a client approves their artwork that I had to pay for reprinting it or partially pay. When I got started the first time this happened she said even though the client approved to go to print I should have cought the mistake and therefore I should pay for it getting reprinted and that is what she has done with all her previous designers. I did not argue because it was only like $25 and I did not want there to be a problem because I liked my job. Well it is now getting redicilous because her clients don't pay attention to their layout and I am the one that has to end up paying for their reprints. I have worked at a lot of places and I have never had to do this being a contract employee, full time or part time. On the proof form on the bottom it clearly states that if it goes to print and they sign off we are not responsible anymore if there is an error but she wants to be nice to her clients. Is this legal?


Asked on 1/12/12, 12:22 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Employees are not responsible for paying the cost of doing business for their employers. Nor should an employee have to pay for a mistake made that is not the result of gross negligence. It sounds as though your employer's practice of making you pay for the cost of a mistake or correction is illegal.

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Answered on 1/12/12, 12:44 pm
Terry A. Nelson Nelson & Lawless

Employees can not be compelled to pay for mistakes and negligence, no matter the cause or culprit. An exception is made if the employee willfully causes damage by some form of misconduct or "gross" negligence. Either way you can be fired as an 'at will' employee, but if you are terminated for refusing to pay the damage you refer to, you might technically have a 'wrongful termination" claim similar to an employee demanding overdue unpaid wages. If so, feel free to contact me.

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Answered on 1/12/12, 2:58 pm


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