Legal Question in Employment Law in New York
Employer requiring worker to pay tab of customer who ''runs out'' on bill
This practice has been happening for the 4 years I have worked there. I work at a very busy restaurant/bar and Everytime a customer runs out on the bill, our employer requires us ( whom ever's table it was) to pay the tab. I do not think it is fair, especially considering the markup they put on the food/liquor is extravagant, and does not reflect the cost they actually incur for the customer running out. Is this against the law, for my employer to require me to pay such bills.
Is there also any online resources known for food service and /or restaurant employees to refer to?
2 Answers from Attorneys
Re: Employer requiring worker to pay tab of customer who ''runs out'' on bill
I think that you can make a good case against the employer's policy. You have no agreement with the customer but merely act as an agent. Therefore, the agreement is with the restaurant and the customer. The restaurant must then pursue the customer for the bill.
You are probably, however, an at-will employee and you can be fired for any reason, including not going along with this term of your employment.
I would be willing to look further into this matter so feel free to contact me with any questions.
Kind regards,
Peter Moulinos
Re: Employer requiring worker to pay tab of customer who ''runs out'' on bill
You can try the Department of Labor.
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