Going to be fired for supposedly serving a youth.

Status
Not open for further replies.

whatcanido

New Member
I work as a server in a big corporate name restaurant. Saturday, around 2:15pm I had a table of 3, mom, dad and teenage son. I greeted them and asked what everyone wanted to drink. Each person ordered a coke. I brought out the drinks and then took appetizer orders. After the appetizers and entrees were out, I automatically brought out 3 more cokes for everyone. I asked how everything was. At that point, the women said it was great and then ordered a bahama mama. I did not ID her since it was apparent she was in her 40s or 50s. I sent the order to the bartender who made the drink and then I brought it out to the woman. Everyone at the tables proceded to eat and I left them alone. When I came back, everyone was done eating and cheerful. Said it was great and left me a 22% tip. 2hrs later, the woman called the restaurant and told the general manager I served her 15yrold son alcohol. I did no such thing, I served the woman alcohol. My manager took me off the floor in the middle of a 2hr wait and brought me in the office. Im now under investigation and suspended until further notice. I dont know know if im fired yet or not, but I'm still losing lots of money by being suspended. I've worked at this restaurant for over a year and have had no problems, no write ups and I don't call off. I'm am extremely hard worker and have never had to deal with anything or anyone like this before. Can I take any kind of action here? Against the restaurant if I'm fired or against the woman for defamation of my name and character, being suspending and possibly fired? What can I do?
 
They are going to fire you. No question about it. The manager is doing the quick COA dance right now. They are going to check with human resources next week and you are toast. Sorry.


All you can do is to screw them back by filing for unemployment. They pay money in each week for this so look at it this way view it as a severence package.
 
In order to sue for defamation or anything really you need evidence. You have none! Its their word against yours. They have nothing to gain or lose you do! I find unlikely you will be given UI benefits right away as you were (if your fired) fired for cause. Just tell your side and hope your employer keeps you on with nothing more than the suspension you are already dealing with
 
No, there is no action you can take against the restaurant. If they believe the customer they may legally fire you, even if they are mistaken.

Do you KNOW, absolutely KNOW, that the son did not drink any of the alcohol? Regardless of who you served it to?
 
This sounds awkward to me. Wouldn't most parents speak up and tell the waiter that their child was a minor and should not be served?

How can a waiter be responsible for insuring that a minor does not take a sip of a drink that was served to an adult? The waiter is not watching 100% of the time. Doesn't the responsibility fall on the adult at the table?
 
I didn't say it was reasonable. I didn't say it was fair. I said it was legal. And it is.

Wrongful termination does not mean that you were fired for something you didn't do. It means you were fired for a reason prohibited by law.

I was trying to come up with a reason why the parent might have made that kind of report. But it does not affect the legality of the firing, regardless of how unfair it may be.
 
Granted the firing is legal.

I was offering "WhatcanIdo" the indirect suggestion that he question his employer about the alleged serving of alcohol to the minor. Based upon his story of what hapenned, if I was his manager I'd question the mother, "Why did you allow your son to be served knowing that he is only 15?" If she had a problem with this, then she should have/ would have refused the service. Thus for her to come in later and complain to management that the waiter had served her son alcohol is ludicrous. (If the son had been sitting at a separate table from the parents, maybe then there would be cause for the mother's concern).
 
Status
Not open for further replies.
Back
Top