My 19 year old son was fired after drinking a beer after work with the manager? Who is at fault? Is his employer justified in firing him?

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My 19 year old son was fired after drinking a beer after work with the manager? Who is at fault? Is his employer justified in firing him?

My 19 year old son was fired from his job in a pizza restaurant after the manager
offered him a beer. He authorized my son to serve himself and served himself a
beer as well. No one else was fired.

Asked on August 2, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

While unfair, your son's firing was legal. That is unless it violated the terms of a union agreement or employment contract. The fact is that most work arrangements are "at will" which means that a business can set the conditions employment much as it sees fit, absent some form of legally actionable discrimination. So unless his firing was due to his race, religion, disability age (over 40), national origin, gender, etc. no law was broken. Not all employees need be treated the same or even fairly. Bottom line, as a general rule, a worker can be terminated for any reason or no reason at all, with or without notice.


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