Having a dink on a lunch hour.

[Pcotto]

Jurisdiction

New York

One of my coworkers went to lunch at applebees and had a drink. one of the mangement came in and saw her, but didnt say anything. once she came back to work they called her into the office and suspended her with pay. can she be terminated behind that.

 

[cbg]

Yes. Why do you ask?

 

[Pcotto]

Because it happen to one of my coworkers. what can be done about it, from associate stand point. i have another question if the associate left for the day can they still have grounds.

 

[cbg]

If she is fired for having a drink at lunch, the only thing she can do about it is file for unemployment and start looking for a new job. In 49 states, including yours, and sometimes in the 50th, they don't need to have "grounds" to fire someone. They can fire someone because the day of the week ends in Y. There is a short list of reasons why they cannot fire someone, and they can fire someone for any reason not on that list. They could fire someone because they cheer for the Patriots and their boss is a Steelers fan.

 

[Pcotto]

Ok thanks for the info it was greatly appreciated .

 

[Betty3]

She was suspended with pay. Maybe she will not be terminated. However; if she is, it will be a legal termination. She just can't be terminated for a reason prohibited by law (such as religion, race, gender....) or if she has a binding employment contract to the contrary.

If she is terminated, she can file for unemployment ins. (the state will decide if she qualifies) & look for other employment.

 

[Pcotto]

Can the mangement legally obtain the receipt and use it against her. she didnt commit no crime in the process, isnt that violation of her rights

 

[hrforme]

No it is not a crime, but might be very bad judgment depending on company policy and what type of work she does. She has no rights to employment in this case and the employer doesn't have to prove she committed any crime. Employment law allows an employer to terminate based on their perceptions of her actions and does not rise to the same proof as criminal law. They don't need a receipt or really any proof. As to whether the restaurant/bar will provide it, who knows? The employer can ask for it and use it in unemployment hearings if they have a no drinking policy right before/during work hours.

Like someone else said, they could terminate her because the day ends in "y".

 

[army judge]

Can the mangement legally obtain the receipt and use it against her. she didnt commit no crime in the process, isnt that violation of her rights

Under what legal theory do you believe a private person or a private employer can obtain a receipt from a food establishment?

ANSWER: NONE

No, the employer has no legal authority, nor can they obtain same, to procure the receipt for any purchases made by the employee.

Beyond that, no one can prove that the person in question even purchased the food.
The food may have been "comped", or paid for by another person.

The employer can terminate her employment, your employment, or my employment without notice, explanation, or even cause.

 

[Pcotto]

Termination is not the issue, its just how they went about the whole situation. obtaining a reciept at another establishment and then using it against u.

 

[hrforme]

I am a bit surprised that Applebee's gave out a receipt, but in the end your friend did have a drink at lunch and I don't know of any laws that keep Applebee's from doing so. However, sometimes there are corporate policies regarding privacy.

(It is possible she left the itemized receipt on the table and the boss swiped it before the table was cleaned)

But buying and having the drink is on her. Had she not done that, there would have been nothing to prove.

I do have one curiosity question (not that it matters to any of the answers above)-- but what job does your friend do?

 

[army judge]

Termination is not the issue, its just how they went about the whole situation. obtaining a reciept at another establishment and then using it against u.

Did the person use a company issue credit card, or charge the meal to a company account?

 

[Pcotto]

Did the person use a company issue credit card, or charge the meal to a company account?

Yes

 

[txls]

Well there you go. They are certainly entitled to a copy of the receipt.

 

[Pcotto]

The manegements wife is the restaurant manager and she allow him to retrieve the receipt, he told the waitress that he was a city offical and she gave it to him without permisson. the let it be known that had the reciept upon his discussion with the associate.

 

[txls]

It really doesn't matter how they obtained the copy. Someone saw her with the drink.

 

[hrforme]

Just one more reason your friend shouldn't have been drinking at lunch time at an establishment managed by her manager's wife. Your friend might want to seek help if she can't get through lunch without an alcoholic drink.

But yes, if she put it on the company credit card/account and it is against policy, that is even worse for your friend.

Again it is not illegal for the restaurant to provide a receipt that I know of as long as the receipt doesn't contain the full CC number (and they haven't for years). The restaurant manager/waitress may have broken corporate policy so your friend could complain but she would not be owed anything legally.

Is the boss a city official or are you saying he lied about what he did for a living? Was this a city (government) employee and was a city/gov't CC used for the purchase?

 

[army judge]

The manegements wife is the restaurant manager and she allow him to retrieve the receipt, he told the waitress that he was a city offical and she gave it to him without permisson. the let it be known that had the reciept upon his discussion with the associate.

Thank you for being honest.
That is quite refreshing, as many posters lie, or leave out critical details to get the answer they wish to hear.

One last question, if you please.

What is your relationship to, or how do you know, the employee who was fired?

 

[cbg]

Do you understand that absolutely none of this matters and the answer is still yes, your friend can legally be fired for this?

 

[Pcotto]

He is not entitled because he is her manager of a who different establishment. he had no righ

Just one more reason your friend shouldn't have been drinking at lunch time at an establishment managed by her manager's wife. Your friend might want to seek help if she can't get through lunch without an alcoholic drink.

But yes, if she put it on the company credit card/account and it is against policy, that is even worse for your friend.

Again it is not illegal for the restaurant to provide a receipt that I know of as long as the receipt doesn't contain the full CC number (and they haven't for years). The restaurant manager/waitress may have broken corporate policy so your friend could complain but she would not be owed anything legally.

Is the boss a city official or are you saying he lied about what he did for a living? Was this a city (government) employee and was a city/gov't CC used for the purchase?