Legal Question in Employment Law in California

write-ups

I am a server in a 5 star restaurant, on the week before Christmas we were very busy and a customer paid their bill with 4 counterfiet $20.00 bills, I did not even notice until the end of my shift, (we are only required to check $50.00 and $100.00) I was written up and told that I was responsible to repay the $80.00. At the time of the incident I was told that I could pay it in installments and that when it was paid the write up would be removed. Now this past weekend I was given 10 tables of 4 or more (generally we have 4 to 5) and I made a mistake which I found myself and went to the manager to let him know and asked how it could be corrected, he corrected the bill but insinuated that I was trying to steal extra money from the customer and wrote me up again and told me the counterfiet money write up was going to stick and that if I get one more write up I am going to be fired.

I have been working there for 3 years and have never done anything wrong nor would I ever consider stealing.

Was I actually responsible for the counterfiet money?

And should I have been writen up for the mistake that I caught myself and ask to have it corrected.


Asked on 1/20/09, 4:03 am

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: write-ups

Generally, you are not responsible for counterfeit money, as under California law, the owner/employer is responsible for common/incidental business losses resulting from ordinary negligence (such as cash register shortages, etc...) Obviously, we are only talking about $80 here, but.... you should know that you should not be paying those costs that are associates with the common risks of carrying on a business by the owner.

Thanks,

Arkady Itkin

Attorney at Law

Sacramento & San Francisco

Read more
Answered on 1/20/09, 3:34 pm


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