Was I wrongfully fired?

[PayrollHRGuy]

He wasn't an employee of that business. He was an employee of a different business owned by the same person.

So? He committed a crime in a business owned by his employer.

 

[xylene]

I do think it was unfair to fair the OP. He had no way of knowing she was underage nor did he have any duty whatsoever to inquire about her age or ID her. It wasn't illegal by any means but in my humble opinion, it was unfair.

1. He's a bartender, so his judgment on alcohol and 'of age' is supposed to be excellent. Bartenders are trained, and in some places even licensed.
2. No basis to know she wasn't of age wouldn't be a defense legally. Familiarity with alcohol laws is also an important part of being a bartender.

 

[ambaa07]

That makes no difference.

As an employee, he represents his employer's business at his workplace and also away from the workplace.

People can get fired from their jobs over what they post on social media sites or for smoking cigarettes on their own time. Employees can harm the reputations of their employers by what they do off-the-clock.

The best way to ensure you are not buying alcohol for a minor is to ask for an age.

Ambaa07, what is the name of your state?

Sorry, I am in NC. I was not working, I did NOT serve this girl. She was supposed to be 21 because of the sign on the door and the manager apparently knew she wasn't of age. Nothing more to the story.. is what it is.

 

[ambaa07]

1. He's a bartender, so his judgment on alcohol and 'of age' is supposed to be excellent. Bartenders are trained, and in some places even licensed.
2. No basis to know she wasn't of age wouldn't be a defense legally. Familiarity with alcohol laws is also an important part of being a bartender.

I was a CUSTOMER.. I was not the bartender. I asked her if she wanted something to drink. She picked it up and the manager said no so she put it down. She did NOT drink any of it period.

 

[Zigner]

I was a CUSTOMER.. I was not the bartender. I asked her if she wanted something to drink. She picked it up and the manager said no so she put it down. She did NOT drink any of it period.

You ARE a bartender and thus you can be expected to have better knowledge of the legal requirements than the average customer.

 

[FlyingRon]

You need to define "I offered her a drink."

That means, did you buy a drink and give it to her? Or did it say "Can I buy you a drink" and pay for one the bartender served her?

Not that any of this matters. The employer is free to fire you in North Carolina. There are a handful of reasons they can't fire you over. This isn't one of them. They could fire you just because you two were sitting together if they like.

 

[cbg]

I'm not even seeing what was unfair.

I said, "may or may not be unfair". Personally I agree that it was not unfair. It *might* have been an overreaction. But whatever else it may or may not have been, it was a legal firing.

 

[cbg]

I was a CUSTOMER.. I was not the bartender. I asked her if she wanted something to drink. She picked it up and the manager said no so she put it down. She did NOT drink any of it period.

Okay, let's go at it this way. It's not a wrongful firing unless a law was violated. What law do you believe was violated?

 

[PayrollHRGuy]

I was a CUSTOMER.. I was not the bartender. I asked her if she wanted something to drink. She picked it up and the manager said no so she put it down. She did NOT drink any of it period.

Who ordered the drink you or the girl?

 

[quincy]

Sorry, I am in NC. I was not working, I did NOT serve this girl. She was supposed to be 21 because of the sign on the door and the manager apparently knew she wasn't of age. Nothing more to the story.. is what it is.

Thank you for providing your state name, ambaa07.

Here is a link to North Carolina alcohol laws as they pertain to underage drinking: https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_18B/Article_3.pdf

You can scroll down to read Section 18B-302, Sale or purchase by underage persons, (c)(2), Aider and Abettor, to see that furnishing alcohol to a minor is charged as a Class 1 misdemeanor.

You can file for unemployment and look for another job, but those are the only things I can see offhand that you can do. The firing as described by you appears perfectly legal.

Good luck.

 

[LdiJ]

1. He's a bartender, so his judgment on alcohol and 'of age' is supposed to be excellent. Bartenders are trained, and in some places even licensed.
2. No basis to know she wasn't of age wouldn't be a defense legally. Familiarity with alcohol laws is also an important part of being a bartender.

Where did you get the information that he is a bartender?

 

[LdiJ]

So? He committed a crime in a business owned by his employer.

What crime did he commit that would have resulted in an arrest had the police been called?

 

[Zigner]

What crime did he commit that would have resulted in an arrest had the police been called?

The crime has already been defined previously. The possibility (or probability) of an arrest is irrelevant.

 

[Just Blue]

What crime did he commit that would have resulted in an arrest had the police been called?

OP ordered a drink for a minor.

 

[quincy]

What crime did he commit that would have resulted in an arrest had the police been called?

Aiding or abetting.

He was sitting with his coworker and, at the very least, he offered her alcohol. There is no "I didn't know her age" or "She was in the bar so I assumed she was 21" defense.

IF charged and convicted under the aiding or abetting law, he faces a one-year revocation of his driver's license, a $500 fine, 25 hours of community service. Jail time is a remote possibility.

There is no mention by ambaa07 of any arrest or charge. Termination of his employment is the only issue ambaa07 has spoken of here. The termination appears legal, based on all that has been said so far.