Legal Question in Employment Law in New Jersey
Can an employer require an employee to pay for a mistake in billing? My friend works for a day spa. A client's husband called to book a massage for his wife. She booked a 50 minute massage and confirmed several times with the husband. Unbeknownst to her, the client had purchased a package of 30 minute massages. The spa wants her to pay the difference. On a separate occasion she accepted an internet gift certificate. Her spa accepts Spafinder gift certificates. She had been instructed to accept certificates issued by companies owned by Spafinder. She accepted one for $100 to find later that the client was required to inform the company prior to the appointment in order for her spa to be paid. She was told that she had now purchased a $100 gift card for spa services. She receives no benefits and is not paid well. Under NJ law is it legal for the spa to make her pay for these mistakes?
1 Answer from Attorneys
No. Unless there is a contract between the employer and employee that provides for such payments, the employer absorbs the cost of employee mistakes. There is a generally followed exception in the case of handling cash. Where an employee is responsible for cash receipts and the contents of a register, for example, the receipt of the cash becomes the responsibility of the employee who is then responsible if the register is "short". There the issue is accounting for the property of the employer which is something for which an employee can be held responsible.
See also: http://info.corbettlaw.net/lawguru.htm
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