Can I get fired for being in a social situation where an underage person was given alcohol?

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Can I get fired for being in a social situation where an underage person was given alcohol?

I work for a restaurant and I was out with a bunch of my co workers and another restaurant that is a “sister” restaurant to the one I work at. It wound up that someone underage was given alcohol. This occurred roughly 3 months ago. Can I be fired for it now?

Asked on June 25, 2009 under Employment Labor Law, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

What I understand you to be asking is whether you can be fired for someone who works at a sister restaurant to the one you work at having served alcohol to a minor. If the minor was in your party you may be subject to such action based on the employer thinking you acted in bad faith and were irresponsible.

If the minor was someone you never met and the employee who served them was not you and all you did was go to that restaurant socially with friends there is no reason to fire you for that occurrence.

If your employer is looking to fire you and there seems to be no good reason you may want to contact a local attorney who can address the specifics. In general most employment is at will which means a person can be fired or quit at the discretion of the other. However if a person is blatantly fired for a reason that's completely incorrect there is a possible avenue to pursue legally. This however depends on a list of specifics that you would discuss with an attorney. So before deciding how to proceed your best bet is to speak with a professional, review the facts and decide how to go from there. Good luck


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