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  #1  
Old 10-06-2006, 03:54 PM
Histrionic Histrionic is offline
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Default 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?
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  #2  
Old 10-06-2006, 04:15 PM
AlienBoy AlienBoy is offline
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Default 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
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  #3  
Old 10-06-2006, 04:18 PM
Dids Dids is offline
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Default Re: G/F fired from bar....legality question

[ QUOTE ]


one shot per hour

dosen't even drink that often.

[/ QUOTE ]

I can see this ending up with her being more drunk that is appropriate and just not providing good service. Folks at the bar may have just assumed she was drinking more than allowed if she couldn't handle her [censored].
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  #4  
Old 10-06-2006, 04:18 PM
deucegame deucegame is offline
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Default Re: G/F fired from bar....legality question

[ QUOTE ]
disability not interfering with job duties.



[/ QUOTE ]

How is this not the case here?
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  #5  
Old 10-06-2006, 04:18 PM
einbert einbert is offline
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Default Re: G/F fired from bar....legality question

lol workers that think they have rights a ments

alienboy is right
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  #6  
Old 10-06-2006, 04:19 PM
dcasper70 dcasper70 is offline
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Default Re: G/F fired from bar....legality question

Manager just wanted some head. g/f probably performed badly.
Have her work on this....
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  #7  
Old 10-06-2006, 04:21 PM
4_2_it 4_2_it is offline
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Default 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.
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  #8  
Old 10-06-2006, 04:22 PM
DrewDevil DrewDevil is offline
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Default 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?
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  #9  
Old 10-06-2006, 04:38 PM
whipsaw whipsaw is offline
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Default 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).
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  #10  
Old 10-06-2006, 04:46 PM
highlife highlife is offline
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Default Re: G/F fired from bar....legality question

yeah it's really uncommon for bartenders to get fired.

also, its very hard for young women to get hired as bartenders.

i can see why you are so upset.
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