Legal Question in Business Law in California

Re: Valet parking at work

The simple answer is yes.

The employer can impose rules of this sort on employees as conditions of employment.

(The situation could be different if there is a collective bargaining agreement or a personal employment contract in place that assures the employee of a parking place and it is expressly or impliedly provided that the employee may drive in and out of the space himself or herself.)

You didn't ask about the liability aspects of this situation, but to give a complete answer to this rather odd fact situation, I should add a few words on that topic. Whether or not they "guarantee" to pay for all damage done to your car while in their possession, the ordinary rules of liability of a bailee to a bailor will apply. In California, the terms "bailor," "bailee," and "bailment" have been replaced; the Civil Code speaks of depositor (you), depositary (the employer), and deposit (your car). Civil Code section 1814. Yours would be a voluntary deposit. These are further subdivided into "gratuitous" deposits and storage. The deposit of your car would be gratuitous if the employer received no consideration. Civil Code section 1844. However, if there is a consideration, it is storage, Civil Code 1851. The distinction is important because the depositor is entitled to only "slight care" of the deposit if it is gratuitous (Civil Code 1846) but to "ordinary care" if it is storage (Civil Code 1852). I would argue that this is part of your overall employment contract and that there is consideration, hence the employer is liable if it fails to exercise at least ordinary care for you car. This would seem to be a conventional negligence standard. See also Civil Code section 1840, which suggests you need to inform your employer in advance of the dollar value of your car, if it is not obvious.

Re: Valet parking at work

What you are asking about is a bailment contract. While the management is in possession of your vehicle, they are responsible to maintain it and prevent damage. It is very likely that, if damage should occur while in their possession, then they would have to pay any repair costs.

Considering the valet parking is mandatory, even for employees, it makes it more likely that they are responsible for damages.

If you have a particular situation you need to discuss, please feel free to contact me at my office. LawGuru has provided a number and an address, but we can also be reached via the internet at our firm's site located at RulesOfEmployment.com.

Regards,

Scott