Can a bartender be fired for accidentally reading an order wrong so poured an alcoholic drink instead of a non-alcoholic drink?

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Can a bartender be fired for accidentally reading an order wrong so poured an alcoholic drink instead of a non-alcoholic drink?

A bartender made an alcohol drink accidentally by reading the order wrong. It was supposed to be a

lemonade instead of a lady lemonade, a made up drink that the establishment had recently added to the drink list. Can the establishment fire the bartender if the drink never left the bar? The server and a bartender by talking figured out it was the wrong drink. The bartender was fired for making a mistake when it never went to the customer.

Asked on May 8, 2017 under Employment Labor Law, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless this bartender had proetection under the terms of a union agreemnt or employment contract he was an "at will" worker. Accordingly, his employer could set the conditions of the workplace much as it saw fit (absent some form of legally actionable discrimination). This means that he could have been fired for the reason given or for any reason or no reason at all, with or without notice.


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