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Employer suspended for something outside of work

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caphis

Junior Member
What is the name of your state? Virginia

Outside of work on my own time last night, I spoke with both a supervisor and a fellow co-worker who would be covering a part of my shift today. I called the supervisor and asked if she was still at work to make the schedule change; she said she was not, and would take care of it in the morning. I called my co-worker to confirm that our supervisor knew I would not be in until later, and my co-worker confirmed said she would cover for me. She asked if the change had been made in our scheduling system; I said that no, it wasn't, becaue our supervisor was no longer at work. In our talking, I mentioned that she had "sounded drunk" when I talked to her. She did sound drunk; her speech was slurred, she was laughing quite a bit -- no judgement from me, I respect that people want to enjoy their Saturday nights away from work.

Flash forward to this morning. Our supervisor called another co-worker to let him know that she would be late coming in. He then relayed the message to my co-worker covering my shift; she asked why our supervisor would be coming in late, he said he didn't know. She mentioned to him that I had said she sounded drunk. That was the end of it. Apparently, the supervisor got wind of this from our co-worker, and called my friend in to make a statement about her "being drunk." My co-worker told our supervisor that all I said was that she sounded drunk on the phone, it was idle chatter outside of work, and no big deal. Our supervisor suspended my co-worker and sent her home for relaying these remarks to our co-worker, saying her integrity as a leader was placed in jeopardy.

I arrived for the latter portion of my shift this morning and didn't say anything out of the ordinary. Our supervisor then called me in to talk with her about what I said that "damaged her integrity." I told her I never said she was drunk (I didn't -- I never said she had been drinking or was drunk), and regardless of whether I did or did not, personal conversations outside of work are personal and should not be brought into work. She apologized for having to send me home, as well. She requested that I write a statement, too, about what I said to my co-worker the night before, when none of us were working.

I reminded her that her integrity as a leader was not in question; no one was judging her on anything she may or may not have been doing outside of work. She was unrelenting, and said she took personal offense to people saying she was drunk. I told her again that I never claimed she was drunk, and regardless of whether anyone did, that would be a personal issue to take up with them outside of work. Our other co-worker (the gentleman my co-worker working for me spoke with) sat in on the meeting, and he agreed that it was a personal issue that should not have been brought up in the workplace, and it was improper for us to be sent home as a result of things said outside of work. Our supervisor did not care to listen; her pride was hurt, and she asked me to write a statement and clock out; I would be suspended until we "resolved this issue" with our General Manager. I advised her that I wasn't comfortable writing a statement of the goings-on of my personal life while on the clock at work, nor did I find it appropriate to do so. I clocked out and left, as instructed.

My question is-- what leg does management have to stand on with this? Can they really take things said outside of the workplace between two people who never had the integrity of our supervisor in question, and then use it to suspend us? Our GM is known to "hate gossip at work" -- although, again, this was all outside of work, when none of us in question were working. We are supposed to all sit down on Tuesday to discuss this and the repercussions (although our supervisor is off on Tuesday, and given the history of this management to follow up on anything, it's anyone's guess as to when there will be followup).

I never said she was drunk, or that she had been drinking. I said that, in my opinion, she sounded drunk. Would we be having this discussion if I had said she sounded sad, or sick, or overly happy?

Our co-workers were shocked at us being sent home, given the other gossip going around at work that is tolerated. Should either of us be terminated for this incident, do you think we would have a good case for unemployment, or a wrongful termination suit?
 


las365

Senior Member
If you are fired for this, you might be able to collect unemployment, or you might not.

It would not be a wrongful termination under the law.

You aren't going to get very far by parsing whether you said she "sounded" drunk or she "was" drunk, or whether talking about your supervisor in a way she thinks is detrimental to her authority is ok if you aren't physically at work when you do it. You were conducting work-related activities at the time. If you want to save your job, you would probably do better to apologize.
 

caphis

Junior Member
Thanks for the quick reply. I refuse to apologize for having an opinion outside of work, and relaying it personally to a co-worker. Should my lack of apologizing for voicing my opinions of others while off the clock be the reason I'm fired, so be it.

I'd argue that I was not conducting work-related activities at the time; the work-related part was over (swapping shift), and at that point, my co-worker and I were idly chatting as friends. Should we consider my notification to my supervisor that we had swapped be "work-related," then had she actually been drinking, she would have been in violation of company policy for consuming alcohol while performing work-related functions. I don't see the conversation with management going down that road.

I'm hoping someone wisens up to the fact that no one was putting her "integrity as a leader" on the line. If we're going to get hassled at work for every comment we make outside of work, what kind of awful precedent does that set?

Anyway, I just wanted to see if she had any legal ground to stand on by bringing something I said outside of work into the workplace, and affecting my job with it.
 

cbg

I'm a Northern Girl
The fact remains that you can legally be fired for this, whether you agree that it was related to work or not.
 

Betty

Senior Member
Agree - if you got terminated for this, it would not be an illegal/wrongful termination. Va. has no law protecting employee's off-duty conduct except for public employees & that is only in regard to smoking. (nor is there a federal law protecting off duty conduct)
 
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