Drinking in the work place after hours.

[GregPerson]

Personally I think this is a practice that is irresponsible and against all work ethics. But is it against any code or violation in North Carolina? No one is one the clock while drinking.

 

[cbg]

No, nor in any other state either.

Though I agree 100% with your assessment. And the fact that there is no statute or case law prohibiting it would not relieve the company from potential liability if something should happen to one of the drinking employees. Even off the clock.

 

[Zigner]

One could be considered to be trespassing, if the stars were properly aligned.

 

[FlyingRon]

At my former employer's facilities (anywhere including the several in North Carolina), even possessing alcohol on company property is a firing offense.
In fact, the state ABC laws technically bar people (employees or otherwise) from consuming alcohol in many unlicensed businesses and restricts what you can do in licensed ones.

 

[cbg]

Thanks, Ron. My answer was based on employment law - I should have qualified that employment law is not the only law.

FYI, with one exception it was a firing offense everywhere I've ever worked, too, and in the one exception I actively argued against the practice (it was a one-time celebratory situation but TPTB wanted to hold it in-house instead of hiring a hall). It is unquestionably a bad practice, even if it doesn't violate any employment laws.

 

[justalayman]

are you talking about after the individuals work hours or after business hours?


If after business hours, if it is after the allowed time to serve or allow a customer to finish up after service time has ended (service ends at 2 am and all alcohol must be off the tables by 2:30 am), yes, it is illegal.


If simply after the employees shift, it is a matter of policy since once an employee is not "on the clock" they are a customer just like everybody else in the place. It is illegal for an employee to drink, or have been drinking, while on the clock. If the employee is off the clock and has consumed any alcohol, they cannot assist in the activities of the business, even if not technically on the clock.


http://abc.nc.gov/education/permittee/faq.aspx

Q: I locked the door to my bar/restaurant after closing at 2:30 AM, can I have a drink?
A: North Carolina law states that it is unlawful to consume alcoholic beverages in a permitted establishment between 2:30 AM and 7:00 AM. All permitted on premise businesses must clear all tables and counters by 2:30 AM of all alcoholic beverages. Additionally, the permittee or his employees can only consume alcoholic beverages when they are off duty for the remainder of the day or night, not wearing a uniform required to perform services and shall not perform any service while or after consuming alcoholic beverages. GS 18B-1004, NCGS Rule 2S.0202, 2S.0211,.

 

[cbg]

Everyone except me seems to be assuming that the business in question is one that sells alcohol. Doesn't have to be the case.

 

[Zigner]

Everyone except me seems to be assuming that the business in question is one that sells alcohol. Doesn't have to be the case.

I hadn't even considered that - I was thinking along the lines of a warehouse, etc.

 

[Lixim]

Personally I think this is a practice that is irresponsible and against all work ethics. But is it against any code or violation in North Carolina? No one is one the clock while drinking.

Does your workplace have a policy on drinking? I think it depends on the environment you work in. If you were at a work related party and alcohol was served then it probably shouldn't be an issue. However, if you're just hanging out at work with your friends and having a beer it is probably illegal. Usually you can't drink in public to begin with and if it isn't alright with the employer then you could probably get fired.

 

[ecmst12]

A place of employment is not a "public place" where drinking would not be allowed by any law.

 

[justalayman]

Everyone except me seems to be assuming that the business in question is one that sells alcohol. Doesn't have to be the case.

Yes, I went with the; it's a bar premise myself. Not sure why. Maybe because as myself, I do not believe alcohol has any place at a business that is not a bar or such of establishment that it is normally present.



If this wasn't a bar, then as long as having the booze on the premises is not a violation of the law, then there is nothing illegal about it. Heck, they can drink while working as long as the booze is legally allowable on the property and it is not specifically disallowed by law.

 

[commentator]

Off the subject just a bit, but I actually knew of one employer who allowed the employees to drink while on the clock. It was a really really bad job, not dangerous, but unpleasant and nasty, and this employer had found this was a wonderful way to get and retain employees. Had a real steady workforce, too. Provided them with transportation to and from work, and hired with convictions on the record. It worked for them!

 

[TheGeekess]

Off the subject just a bit, but I actually knew of one employer who allowed the employees to drink while on the clock. It was a really really bad job, not dangerous, but unpleasant and nasty, and this employer had found this was a wonderful way to get and retain employees. Had a real steady workforce, too. Provided them with transportation to and from work, and hired with convictions on the record. It worked for them!

I had an employer who had a 4:30 button on his Coke machine.

 

[FlyingRon]

I did not ASSUME anything.