Can my old employer make me pay for the past?
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Can my old employer make me pay for the past?
My boyfriend recently got fired for drinking while bartending. His boss is now trying to
make him pay for 1 drink per each shift that he’s worked in the past couple months ($540). He has had drinks before at work but can the employer really take him to court for this money? Should he take it seriously?
Asked on February 24, 2016 under Employment Labor Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If bartenders were not comped drinks but had to pay for them themselves, then if your boyfriend drank the employer's liquor on the job, he stole from the employer--he stole the monetary value equivalent to the cost of the drinks he took. In that case, legally, he could be sued by the employer to recover that money if the employer asks for it and he doesn't pay. However, the employer can only recover equal to the amount of drinks it can *prove* he took, whether by other employee testimony, security videos, admissions or statements (whether written or oral) by your boyfriend, etc. Just saying that it "thinks" he drank one drink per shift is not proof and should not win it any money.
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