Riverside, CA asked in Employment Law for California

Q: How responsible is bar manager if a customer threatens physical harm to an employee and the owner allows customer to sta

a customer at the bar I am manager at has threatened multiple employees with physical harm. I told the owners of the issue and they are allowing the customer to continue to come in. she has hit a Security guard in the face already. I have been arguing with them for a month about this. We agree she isn't allowed then I will have my days off and when I come back she is allowed again. I want to know how responsible I would be if this customer does something to one of my employees when the owners wont let me stop her from coming in.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: You will be a co-defendant in any lawsuit, so you better be ready to prove up these communications with the Owners to keep this customer out. You have letters? Emails? texts printed out onto hard copy? Witnesses to verbal conversations? No, then your exposed to potential liability. At best, you will have a cross-claim for indemnity against the owners and will be entitled to have "Cumis counsel" which means your own attorney appointed to defend you in addition to the owner's insurance's attorney; Cumis counsel is paid for by the employer. IMO, get the police involved with keeping this violent person out, even in raucous Riverside.

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