QUESTION

Is a business responsible if their employee steals from a customer?

Asked on Nov 07th, 2017 on Civil Litigation - California
More details to this question:
Went to a food establishment. Left my wallet on the counter. Employee came behind me picked it up and put it in the back. All is on camera. Went back to the establishment and they cannot locate my wallet.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The business COULD be responsible if (a) the employee was acting within the scope of his/her employment (probably not the case here) OR (b) the loss was caused, in whole or part, by the business's negligence (for example, if the business had had previous complaints about this employee's honesty but had done nothing about it), which is a tough case to make.  On the other hand, the business may be willing to reimburse you for what you lost, which presumably is not a tremendous sum, in order to avoid the bad publicity from, for example, a yelp review mantioning the theft.
Answered on Nov 08th, 2017 at 2:04 PM

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