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Son fired for "disrespecting" place of employment

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buffalo_jill2

Junior Member
What is the name of your state? California

Hi, I apologize, I know this is a lot of reading but I want to make sure I tell you everything so please bear with me :)

My son has been working at an "artist themed restaurant" for the past 4 years. This past Saturday, 10/06/07, he was fired for "disrespecting" his place of employment. Despite the fact my son is 23 and knows EVERYTHING :rolleyes:, he says he's the boss, he can do anything he wants to. By no means do I think my son is innocent, he admits to his part but I have to question some of his employers actions.

This restaurant is located in a popular and busy mall. My son had finished his shift and went to another establishment in the same mall to have some drinks with a friend. They left there, walked around the mall and stopped across the walkway from where he worked. They were both a bit tipsy, (to what degree I'm not sure) and were talking, laughing and as my son put it, they were making out. He said it was nothing bad, they were just kissing.

During this, my son notices his manager walk out the restaurant he works at and is approaching them. My son says to his friend, "uh oh, here comes the gm, lets get the #$#% out of here". (the girl he was with had also worked at this restaurant but had recently quit) The manager heard what my son had said and told him he was suspended for 1 day for "disrespecting his place of employment while in his uniform". (They are required to wear black pants and a tee-shirt shirt with the restaurant name embroidered above the pocket.) He then told my son to leave the mall.

The girl he was with began telling the manager exactly what she thought of him as my son began walking to his car. From what my son was told, she became belligerent and it was not pretty. She met my son at his car and they talked for a while. Knowing he shouldn't drive(and I have to be thankful for his judgment there) he decided to change his shirt and they would shop around the mall until he felt safe to drive. While shopping, they walked by the restaurant my son worked at, they did not stop, they weren't talking, they were just passing by. The manager spotted them and called security to remove them from the mall. He told my son to talk to him before beginning his shift the next day.

The next day he was told he was fired for disrespecting his manager, his place of employment and for not leaving the mall. My son asked him if he would accept his resignation and he told him "that's not and option for you" (even though the manager had fired a bartender the same night of my son's incident for being intoxicated while working and he allowed him to resign) He also told my son he will be giving a "non-hirable" (sp?)reference to future possible employers.

What's really bothering me most is his boss saying he will give a reference of non-hirable. Come to find out, his boss was infuriated by what this girl said to him, it apparently got quite loud and ugly but my son wasn't even there at that point. He left when he was told to. My son can't control what another person says even if he was there. It seems to me he is taking his anger out on my son. Also, does his boss have the right to dictate whether someone can be in a mall? He changed his shirt before re-entering the mall the second time.

I question his being fired in the first place, none of this even occurred in his place of work but it is what it is. My son definitely used poor judgment in his actions that night but to be labeled non-hirable? I'm sure I am bias in my view of this whole mess and would love some unbiased opinions.

Thanks so muchWhat is the name of your state?
 


Zigner

Senior Member, Non-Attorney
There was nothing illegal about his dismissal. The (former) employer is basically saying that they would *not* rehire him. If asked to provide a reference, they are well within their rights to state that.
 

buffalo_jill2

Junior Member
OK, I understand and agree they should be able to say they wouldn't rehire him. I took it as meaning it was their opinion he was unfit to work anywhere.

I can only hope he learned a lesson... he made his bed (didn't even get the girl) hopefully thats 2 lessons he learned.
Thanks
 

HomeGuru

Senior Member
OK, I understand and agree they should be able to say they wouldn't rehire him. I took it as meaning it was their opinion he was unfit to work anywhere.

I can only hope he learned a lesson... he made his bed (didn't even get the girl) hopefully thats 2 lessons he learned.
Thanks
**A: there are al least three lessons learned here.
 

Betty

Senior Member
The former employer is allowed to give future employers any information that is true or that they honestly believe to be true.
 

xylene

Senior Member
Your son's drinking caused him a major problem in a key area of his life.

That's a huge sign. Of booze problems.
 

buffalo_jill2

Junior Member
Your son's drinking caused him a major problem in a key area of his life.

That's a huge sign. Of booze problems.
I'm sorry I have to disagree on that. Everyone will probably jump all over me but I chalk it up to being young and stupid. He is attending a state college and getting A's /B's. He has had 2 jobs in his life, one for 3 years and this one for 4 years and he's never been in any trouble with the law. He also is on good terms with myself and my husband.

My God, when I think back to some of the irresponsible things I did at that age, he looks like a saint.
I'm sorry but I think so many parents today seem to forget when they were young, I'm not saying he is a saint by any means but I TRY to remember things I did at his age before I judge him to harshly or condemn him. Just because he did something stupid doesn't mean he has an drinking problem. If this were to continue, then yes, I would agree with you but compared to some of the bad decisions I made when I was his age, he's not doing so bad.
 

cbg

I'm a Northern Girl
If you want to excuse his behavior on the grounds that you did worse things, that's up to you. But that kind of excusing may be part of the reason he is doing stupid things now.
 

ecmst12

Senior Member
Saying that he's not an alcoholic because he did ONE stupid thing because he'd been drinking, and excusing his behavior, are not the same thing. Obviously the "kid" is an adult and will have to deal with the consequences of his actions (no job). Hopefully he learned from the experience and will be smarter next time.
 

moburkes

Senior Member
I'm sorry I have to disagree on that. Everyone will probably jump all over me but I chalk it up to being young and stupid. He is attending a state college and getting A's /B's. He has had 2 jobs in his life, one for 3 years and this one for 4 years and he's never been in any trouble with the law. He also is on good terms with myself and my husband.

My God, when I think back to some of the irresponsible things I did at that age, he looks like a saint.
I'm sorry but I think so many parents today seem to forget when they were young, I'm not saying he is a saint by any means but I TRY to remember things I did at his age before I judge him to harshly or condemn him. Just because he did something stupid doesn't mean he has an drinking problem. If this were to continue, then yes, I would agree with you but compared to some of the bad decisions I made when I was his age, he's not doing so bad.
Yep, young and stupid. This time his stupidity cost him a job. However, I'd be hard-pressed to believe that this was his only time being young and stupid. I don't forget the things that I did when I was young and stupid. I also don't make excuses for them.
 

buffalo_jill2

Junior Member
If you want to excuse his behavior on the grounds that you did worse things, that's up to you. But that kind of excusing may be part of the reason he is doing stupid things now.
I was not excusing his behavior, I was trying to deal with it. I did not let him think what he did was ok nor did I insinuate to him that I was chalking it up to being young and stupid. I also have no right to judge him either. He knows he messed up and he also knows he has to deal with the consequences.
He is not doing stupid "things", he did a stupid thing, one. As I said, if this behavior continues, yes, I will agree there is a problem. As of right now, I don't see how having his mother reaffirm that he messed up will help the situation any. All I'm saying is that even with this incident, I am still proud to be his mother. There is no rule book in parenting so I'm just doing the best I know how and so far he's turned out to be a pretty decent person.
 
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moburkes

Senior Member
I was not excusing his behavior, I was trying to deal with it. I did not let him think what he did was ok nor did I insinuate to him that I was chalking it up to being young and stupid. I also have no right to judge him either. He knows he messed up and he also knows he has to deal with the consequences.
He is not doing stupid "things", he did a stupid thing, one. As I said, if this behavior continues, yes, I will agree there is a problem. As of right now, I don't see how having his mother reaffirm that he messed up will help the situation any. All I'm saying is that even with this incident, I am still proud to be his mother. There is no rule book in parenting so I'm just doing the best I know how and so far he's turned out to be a pretty decent person.
You're making the assumption that he has only done one stupid thing, and got caught the very first time. The chances are greater that this wasn't the first, nor the last, but the only time that his stupid thing was caught.
 

xylene

Senior Member
Alcoholism is not a accusation.

This isn't a moral judgement.

Maybe your son has no problem.

But I stand by what I concluded. (Becaue it is factualy correct.)

When alcohol causes serious negative life consequences (like a job loss), it is a huge warning sign of problem drinking.
 

buffalo_jill2

Junior Member
You're making the assumption that he has only done one stupid thing, and got caught the very first time. The chances are greater that this wasn't the first, nor the last, but the only time that his stupid thing was caught.
It appears to me we're both making assumptions then. I did not come here to argue, debate or defend my son's actions. I questioned the legality of his employers actions and I got my answer. I would like to thank you for answering my question. I can only go on known facts to me. So far this is the only alcohol related problem he has had. As far as I know he has a pretty open relationship with my husband and myself which is not to say he tells us everything but thats all I have to go on.
You are entitled to your opinion as am I. Maybe I have blinders on, I certainly hope not but only time will tell. Once again, thank you for your help
 

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