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Using alcohol while on a job

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eerelations

Senior Member
Really? Try firing a long time employee that works for a company that is PR sensitive. If it's as easy as you say, let us know the protocol. First PROVE that they are drinking on the job.
Not the stats I was talking about :rolleyes: but hey! These are wrong too.
 


cbg

I'm a Northern Girl
Not how it works, Bali, and you're only proving my point. There doesn't have to be a law that gives an employer permission to fire an employee for anything; an action is considered legal unless a specific law makes it illegal.

So. Where's the law that makes firing an employee for suspicion of drinking on the job illegal? Hurry up, Bali, the OP is waiting for you to rescue her from the misinformation the rest of us are feeding her. If you don't post a link to that law, she might believe we're right.

Oh, that's right. There is no such law and we are right. How about that?
 

Bali Hai

Senior Member
Not how it works, Bali, and you're only proving my point. There doesn't have to be a law that gives an employer permission to fire an employee for anything; an action is considered legal unless a specific law makes it illegal.

So. Where's the law that makes firing an employee for suspicion of drinking on the job illegal? Hurry up, Bali, the OP is waiting for you to rescue her from the misinformation the rest of us are feeding her. If you don't post a link to that law, she might believe we're right.

Oh, that's right. There is no such law and we are right. How about that?
I don't believe it's illegal to fire anyone for anything, if you indiscriminately do that these days, you better have your ass and head wired together. Cops these days can't even defend themselves from idiots who attack them.
 

cbg

I'm a Northern Girl
One more time for the record; in 49 states out of 50 and sometimes in the 50th, an employer may legally fire an employee for any reason not expressly prohibited by law. If challenged, the employer may need to provide evidence that they did not violate the law but at least at first, it's generally on the employee to show that there is some reason to think they did.

In this case, we have been given no evidence to believe that there are any laws in danger of being violated.
 

Dave1952

Senior Member
I normally prefer to answer the OP's question rather than spend time on the answers of other posters.
Bali Hai needs to Google the term "at will employment". His beliefs about employment just don't apply in most States. As always there is a Wikipedia article
 

Bali Hai

Senior Member
I believe anyone can be fired for anything - so long as there is no law against it, and there is no contract in place dictating terms of employment. There doesn't need to be a law in order to fire someone, but there DOES need to be a law in order for it to be illegal to fire someone. I think therefore it's up to you to post what was illegal or could be illegal by simply firing someone, or that they need some sort of proof. 'At will employment' pretty much explains that in detail. Not only can they fire you for suspicion, they can fire you because you wore Reebok instead of **** if they choose to.
It's one thing to fire someone because they wore Reekok's to work, it's quite different to make it stick. Are you from the the south?
 

Bali Hai

Senior Member
I normally prefer to answer the OP's question rather than spend time on the answers of other posters.
Bali Hai needs to Google the term "at will employment". His beliefs about employment just don't apply in most States. As always there is a Wikipedia article
I'm familiar with at will employment, so are most Americans.
 

jimnyc

Member
It's one thing to fire someone because they wore Reekok's to work, it's quite different to make it stick. Are you from the the south?
Make it stick? It's as simple as saying "You're fired". Making it NOT stick would be up to the employee, and considering it's completely legal to fire anyone for pretty much any reason, so long as said reason is not against the law, the now fired employee would be out of work with no recourse other than to file for unemployment.

Why would you think I'm from the south? I believe at will employment is the case throughout the nation, shy one state perhaps? Or are you trying to be insulting somehow? Anyway, no, I'm from New York.
 

jimnyc

Member
I'm familiar with at will employment, so are most Americans.
WHY do you think someone has recourse if they are fired for something like suspicion, or that the employer simply doesn't like them? You must have a law, not just a hunch. Suppose this scenario plays out today, and you believe there is in fact recourse - WHAT recourse do you believe? I'm curious as to why you think it would be difficult for an at will employer to simply dump someone. It's no different than an employee who simply wants to dump the employer and just quits.
 
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