Liability

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Liability

A bartender is sent home for being under the
influence of prescription drugs and smells of
alcohol…he leaves driving his own car. Is the
restaurant and the general manager
responsible for his safety?

Asked on April 10, 2018 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, they are no responsible for his safety. There are some obligations for the safety of guests or customers, but not for an employee who is sent home for being unfit to work or violating employer policy (or who is suspended or terminated). The "dram shop" law in your state applies to people who buy liquor, so customers, not an employee; and the common law principals about alcohol-based liabilty relate to people whom you serve (e.g. social guests), not people who are not actively served (e.g. who came intoxicated or who served themselves alcohol, especially when they were not supposed to drink).


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