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#1
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G/F fired from bar....legality question
So my g/f started a job at a nice bar in the local area and had been working there for about five days. Today she came home and announced that she had been fired. When I asked her the reason she stated the manager had brought her into the office and said he liked her, she had done a great job thus far, but she thought she had a drinking problem.
At this bar she was told by this manager right when she started that she could do one shot per hour when she worked, as could all of the other bartenders/waitresses (this is a really cool laid back bar in a nice area). She would take shots with the other employees (and managers) when they did, but never without. She also never showed up to work drunk or even tipsy. Truth be told she really dosen't even drink that often. I'm actually thinking because of all this that they just gave her that as a bogus reasoning when it was really something else. However, if EVERY shot she did at the bar while at work was approved by a manager (which it was) and she never came to the job having already previously been drinking, isnt't this grounds for a lawsuit? Isn't this is a personal issue that they cant fire someone for anyway? |
#2
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Re: G/F fired from bar....legality question
1) They can fire anyone for any reason, EXCEPT ethnic background, age, religion, sex, or disability not interfering with job duties.
AB |
#3
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Re: G/F fired from bar....legality question
[ QUOTE ]
disability not interfering with job duties. [/ QUOTE ] How is this not the case here? |
#4
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Re: G/F fired from bar....legality question
lol workers that think they have rights a ments
alienboy is right |
#5
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Re: G/F fired from bar....legality question
Manager just wanted some head. g/f probably performed badly.
Have her work on this.... |
#6
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Re: G/F fired from bar....legality question
[ QUOTE ]
Manager just wanted some head. g/f probably performed badly. Have her work on this.... [/ QUOTE ] Yeah. It's either this or what dids said, but most likely this. |
#7
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Re: G/F fired from bar....legality question
If she truly is an alcoholic, then you can probably find some scumbag lawyer who could make a case under the Americans With Disabilities Act.
One of the worst pieces of legislation in US history, it basically makes any condition a disability and requires businesses to make reasonable accommodations to employees and customers. I'm not sure if being a drunk has been pulled in under the ADA umbrella yet, but hey, why not give it a shot? Why evaluate your own shortcomings and try to improve yourself when you can just claim to be disabled and blame someone else? |
#8
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Re: G/F fired from bar....legality question
[ QUOTE ]
If she truly is an alcoholic, then you can probably find some scumbag lawyer who could make a case under the Americans With Disabilities Act. One of the worst pieces of legislation in US history, it basically makes any condition a disability and requires businesses to make reasonable accommodations to employees and customers. I'm not sure if being a drunk has been pulled in under the ADA umbrella yet, but hey, why not give it a shot? Why evaluate your own shortcomings and try to improve yourself when you can just claim to be disabled and blame someone else? [/ QUOTE ] We can disagree about the worth of the ADA, but alcoholism has certainly been interpreted as an impairment under the ADA, at least in the 1st Circuit. Bailey v. Georgia-Pacific Corp., 306 F.3d 1162, 1167 (1st Cir.2002). |
#9
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Re: G/F fired from bar....legality question
Drug or alcohol use is covered differently under the ADA.
If fact, you can be fired for smoking cigarettes at HOME, if your work has a no-nicotein use policy. As to Alcoholism, and the aforementioned case of Bailey: "While not specifically excluded from the ADA's protections, alcoholism is nevertheless treated differently than other impairments and disabilities. For example, the ADA specifically authorizes an employer to prohibit the consumption of alcohol at the workplace and require that employees not be under the influence of alcohol at work. 42 U.S.C. § 12114(c)(1)-(2). In addition, an employee suffering from alcoholism can be held to the "same qualification standards for employment or job performance and behavior" as other employees are held, "even if any unsatisfactory performance or behavior is related to the . . . alcoholism of such employee. Id. § 12114(c)(4)." It's useful to note that Georgia Pacific prevailed on that case!! AB |
#10
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Re: G/F fired from bar....legality question
[ QUOTE ]
Drug or alcohol use is covered differently under the ADA. If fact, you can be fired for smoking cigarettes at HOME, if your work has a no-nicotein use policy. [/ QUOTE ] Is this true? That's dicked up. |
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