Can I sue my employer for negligence?
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Can I sue my employer for negligence?
I am a server and my company has a caterer working for them. I have voiced my opinion multiple times that the cater is stealing my tips/tabs off the tables. It was confirmed with security tonight that someone has been
stealing after weeks of my complaints.
Asked on August 29, 2019 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, you cannot. The employer is not responsible for another person's criminal activities, any more than you would be responsible if you had a party in your home and one of your guests stole other people's cellphones out of their bags. The employer is not the police, and has no duty to protect you from the caterer's criminality. You can, of course, sue the caterer, who is liable for any amounts stolen, and also look to press charges against the caterer.
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