Can I be fired for this

UPDATED: Sep 30, 2022

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Can I be fired for this

I work for a company Wednesday to Saturday 8 am to 6 pm on the books. My employer has events at my at my place of employment after regular business hours. I get paid off the books for working these events. I volunteered to work and event yesterday which required me showing up at 10 pm and working until 1 am. I went to dinner with a friend before showing up at 10 pm only have my boss say go home. I show up to work this morning and he fires me for

smelling of alcohol the night before. Can they do this?

Asked on July 27, 2016 under Employment Labor Law, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In an "at will" employment relationship, a company can set the conditions of employment much as it sees fit. This includes why to fire an employee. In fact, an employer can terminate a worker for smelling of alcohol, for any reason, or for no reason at all. This is true unless such action violates the terms of a union/collective bargaining agreement or employment contract. Also, it must not constitute any form of legally actionable discrimination.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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