If I work at a restaurant where my manager drinks on the job and it affects his behavior, what can I do?

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If I work at a restaurant where my manager drinks on the job and it affects his behavior, what can I do?

Asked on December 18, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can't do anything unless he does something which gives you grounds to take legal action against him--e.g. sexually harasses you; strikes you; steals from you; takes your tips (if you are a server); doesn't pay you for all hours worked; etc. Basicaly, the drinking is irrelevant: that is, if he does something you could sue him for or call the police about, you can do that...but if he doesn't, then it doesn't matter if he drinks on the job and it affects his behavior. The law does not make it illegal to drink on the job, or even to be a drunken fool.


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