Wrongful firing

[cortni414]

What is the name of your state (only U.S. law)? Ohio

My husband clocked out of work on Monday and sat in his car and had a beer...he was off the clock, was not drinking and driving, was in his own personal vehicle and not on company time...well he went back in to make sure he had his order ready for the next day (which he didn't even have to do) and his boss smelled alcohol and made him take a piss test and a breath test, et cetera...just blew it way out of proportion...so Tuesday he had a meeting and wrote a statement and he has been suspended for 3 days...he went back for a meeting today and they fired him...yes it was stupid on his part but never once has he been in an accident, gotten a DUI, or put his company name in jeopardy at all...he just drank on their property in his car...off the clock...he has been with the company for 15 years, never been in an accident in his life, only missed 3 days of work in all that time and he makes one little mistake and they fire him...anything we can do?

 

[Antigone*]

What is the name of your state (only U.S. law)? Ohio

My husband clocked out of work on Monday and sat in his car and had a beer...he was off the clock, was not drinking and driving, was in his own personal vehicle and not on company time...well he went back in to make sure he had his order ready for the next day (which he didn't even have to do) and his boss smelled alcohol and made him take a piss test and a breath test, et cetera...just blew it way out of proportion...so Tuesday he had a meeting and wrote a statement and he has been suspended for 3 days...he went back for a meeting today and they fired him...yes it was stupid on his part but never once has he been in an accident, gotten a DUI, or put his company name in jeopardy at all...he just drank on their property in his car...off the clock...he has been with the company for 15 years, never been in an accident in his life, only missed 3 days of work in all that time and he makes one little mistake and they fire him...anything we can do?

Brush up your husband's resume and post on Monster.com. There was nothing wrongful with his termination.

 

[commentator]

File for unemployment benefits.

But he was totally aware, after 15 years, what the policy is about drinking on the job, wasn't he? And by the way, most policies I've ever seen include the parking area as a place one does not drink. Sounds like a drinking problem to me, also sounds like he may have had more than one little ole beer, and he royally messed up by going back in, this sounds like impaired judgment. What did the test results show? Obviously this company doesn't have a D&A policy that gives one a chance to try again after attending treatment, does it?

And he knew better. You know he did. He very likely will not get approved for unemployment, though it costs nothing to file and try for it. Another job is the only alternative.

 

[cortni414]

It was only one beer...period...no drinking problem...should he have done it, no, but does that constitute being fired, no...I just asked a question not to get ridiculed...

 

[AnotherMoron]

It was only one beer...period...no drinking problem...should he have done it, no, but does that constitute being fired, no...I just asked a question not to get ridiculed...

I'm not seeing the ridicule. Could you point it out to me, please?

I've also never in my life heard of a person having a beer in their car on company property after getting off work. Who does that? Someone with an problem, that's who. Whether you choose to admit it or not, your husband has a problem, whether it's with alcohol or common sense, I can't say.

 

[cyjeff]

To directly address the question...

It is not illegal to fire an employee for any reason not specifically prohibited by law.

This is not an illegal firing... because drinking on the company property is not a legally protected class.

 

[phase08]

yes it was stupid on his part but never once has he been in an accident, gotten a DUI, or put his company name in jeopardy at all...he just drank on their property in his car...off the clock...he has been with the company for 15 years, never been in an accident in his life, only missed 3 days of work in all that time and he makes one little mistake

Yes, it was stupid on his part.

He was on their property. His years of service, attendance, and whether he has ever had an accident are completely irrelevant.

It was not a little mistake - it was a big one, and it got him fired.