• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Termination due to another employee's actions: wrongful termination?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

LeahErin

Guest
What is the name of your state? California

Not sure what info to include, I will be as brief as possible. I am 19 and was employed as a food server for a lrg corporation. I was terminated for drinking alcoholic beverages on off-time at their bar. I know I was terminated for good reason, however, my boyfriend (22, also a food server) was also terminated for being present. The manager's explanation for this was contributing to the delinquincy of a minor (even though I am over 18 and ordered the drink myself...? Also, I had sat at the bar by myself and drank once previously. I was fired on the second occasion, the time my boyfriend was present). He explained that while my boyfriend was a good employee, his hand were tied b/c this is against the law, and that he "should have known better." However, they did NOT fire the bartender that served me, nor did they fire other employees (fellow servers) who were present who also knew I was underage. Can any legal action be taken?
 


cbg

I'm a Northern Girl
No. This is not a wrongful termination.

In order for the termination to be illegal, it has to have been a violation of Title VII (because of your race, religion, national origin and so forth) or because it violates public policy (because you asked for or utilized a right or benefit protected under the law; workers comp, FMLA, reporting illegal activity to the appropriate agency, tried to organize a union, and so forth).

The fact that they did not fire the bartender but did fire your boyfriend does not fall under either of these categories. It may or may not have been unfair, but it did not violate any laws.

A good example of how your actions can affect others...
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top