Non-paying guests; can your employer make you liable for that?

12-02-2014

Recently, I visited a large hospitality company. The restaurant of this establishment is enormous, with more than 90 tables spread across various sections. Hospitality pros busy themselves to ensure all guests are received, served, and provided with food on time.

Everyone working in hospitality knows there are some bad apples among the guests. Guests who leave without paying; in other words, stealing guests. It is the frustration of every hospitality worker and, in many cases, the entrepreneur as well. To my surprise, the hospitality workers there told me that they are always held responsible for stealing guests. This means they could work the entire evening for NOTHING. Not the entrepreneur, no, they apparently need eyes in the back of their heads and, besides managing a busy section, also have to bear the consequences of every malicious person. In other words: if a table of guests leaves without paying, they (the server) are held accountable for it.

Is that allowed? No!
The law and jurisprudence state in such cases that the employee is not liable, unless there is intent or conscious recklessness. The employer must prove that there is intent or conscious recklessness. In practice, it essentially means that there is almost never intent or conscious recklessness, and therefore the employee cannot be held liable for a table leaving without paying. This type of theft from the employer by a guest falls, in short, under business risk.

Your employer cannot make you bear the cost for guests who leave without paying. If they do, you are allowed to refuse. What do you think?