Can a birthday party get you fired?

[Corinnejoanne]

I live in NY. November is my best friend's birthday. We work together. We had a party at her house. It was an open invitation party. Any one was invited. It started at 7. NOw months later our home office (which is located in Tenn) is saying we are a liability and wants to terminates us both because at the party, a twenty year old employee was dressed in a skirt while he was passed out drunk. He showed up with a different manager (whom we have choosen to leave out of this mess) around one thirty am. We did not supply his alcohol, he brought his own. By the time of his arrival my friend and I had been drinking since 7 oclock. Needless to say we don't rememeber too much. The complaint that started this was an anyonomys letter stating that an employee passed out and was dressed in drag at our party. No names, No dates, and it wasn't even written by the employee. My question is, can they really fire us because of this? It wasn't a work party and he was the only person there under the age 21. Now, they want the names of the other employees and managers who attended... Do we have to comply and give them these names?

Thanks!

 

[BelizeBreeze]

While they can fire you for any non-protected reason (age, sex, national origin), they cannot forbid the same actions through policy since they occur off working hours.

Now, that being said, since they are trying to fire you (and now you know they CAN), you do NOT have to tell them anything about the party.

So, here is a strategy. Have them put in writing WHY they want the information, under what authority they are demanding the information and to what expense they are willing to go to receive the information. I would also suggest in your letter to advise them that, absent a written contract, you know they can fire you for any reason so you see no viable reason to supply them with PRIVATE information that has nothing whatsoever to do with work.

 

[JETX]

Now, they want the names of the other employees and managers who attended... Do we have to comply and give them these names?

No, you can deny their request. Of course, doing so will likely lead to your termination. And yes, that would be perfectly legal for them to do.

 

[Beth3]

My question is, can they really fire us because of this? Yes.

It wasn't a work party and he was the only person there under the age 21. But that's not necessarily the reason management is taking exception to to the goings-on.

Now, they want the names of the other employees and managers who attended... Do we have to comply and give them these names?
No, you don't HAVE to comply. It's your choice.

Yes, management can fire you if they take exception to what happened (or what they believe happened) at this party. If they believe the stories about this drunken Bacchanal damage the credibility of the hosts or attendees in the eyes of other employees and/or reflect badly upon the company, they are free to let you go.

I'm not sure following Belize's suggestions are going to do anything to ameliorate the situation. Adopting that tone or stance may ensure that you're terminated.

 

[BelizeBreeze]

I'm not sure following Belize's suggestions are going to do anything to ameliorate the situation. Adopting that tone or stance may ensure that you're terminated.

And the company can, after receiving the information, fire them anyway. So, what's the gain in acceeding?

 

[Beth3]

That she might keep her job. Following your advice will virtually guarantee that she won't.