Can a company fire an employee for their actions outside of work?

Question

A group of co-workers decide to go to a nearby bar after work hours. One of the workers, who is 18 years old (21 is legal to drink), consumes alcohol at a bar. His coworkers, who are of-age to drink alcohol buy him the bottle of beer. He drinks the beer. Pictures from the night are taken and posted online, one of them showing the underage employee drinking a beer. The company's management happens to come across the picture of this minor that they employ drinking the alcohol.

Can the underage employee be fired based on his actions? Please cite something that proves one way or the other.

Answer 1

A company can let you go if there policy states it

Answer 2

It is bit too harsh for them to have done so. But again each company has it's own procedures and policies. The company can revert back and say they don't want to employ some one who doesn't follow the law of the land. But in that case the guy can also threaten the company for discrimination. If the guy's co-leagues who he went put partying with, work with the same company they too have moral oblgation to the law of the land and they should have reported this matter to police instead of encouraging him to drink. Now that they haven't done it, the company shoud fire them too if it has decided to fire this guy. If it doesn't then he can sue them clearly for a case of discrimanation on the basis of Age.

I'm sure the company wouldn't like to fire so many people ove such a small issue. If it does thenpersonally speakin, I would be happy to quit such a sick emloyer and find a beter one!

Answer 3

Yes. Employers can fire an employee for any reason (except for race, sex, religion, you know.. the biggies)... most states are at-will employment meaning either side can terminate for any reason.

For example... if a teacher is caught molesting a child, they are fired. If a cop is caught buying beer for underage kids, they are fired. If an employee is caught drunk-driving, they can be fired.

At my husband's company, they are instituting a no-smoking policy. This means that by next December, ALL employees MUST quit smoking. No smoking at work, home, in your car, at the bar, at the ball park, etc. You will be fired for such an infraction.

There is NO law requiring a company to keep on employees who are engaged in illegal activities (except for those commie states who seem to think that drug-addiction is a disease...).

Answer 4

Sure! And if they were my employees, I'd give the sack to the ones who purchased the alcohol for him in the first place!

Lacking a contract, employment is considered "at will." Either party is free to sever the relationship at any time and for any reason. This includes no reason at all.

Any conduct by an employee that tends to put the company in a bad light would certainly be grounds for dismissal -- not that one is needed in an at will situation.

Employees participating in illegal activities (underage drinking and supplying alcohol to a minor) would clearly be grounds for dismissal even if the employee has a contract.

Answer 5

In my state (PA) employers benefit from a "no cause" law which basically states an employee can be terminated from his position WITHOUT CAUSE at any time. The exception is that a person cannot be fired for his inclusion in a protected group--like you can't fire someone because of their race, religion, gender...but what you describe would not fall under such protection, and I would think in my state the employer would have every right to fire you. In addition, because you were with co-workers, it could be argued you were representing the company in the community and therefore exposing them to harm because of your illegal actions.

Answer 6

If it will truly hurt the buisness they can....however proving that can be tough....it states in the law that if hiring, or for that matter keeping someone employed can actually hurt buisness then they don't have to keep them....for example(this was how my professor explained it to me) Hooters...everyone knows about that resteraunt....if a person who was, for lack of a better term, fat and ugly, came in and applied for a waitress job...they would not get it....because the haveing a person like that as a waitress would hurt that branches image and therfore hurt buisness....that person could not come back and sue for discrimination....

If a company has certain moral standards and a person violates that, it could hurt the companies reputation therfor local buisness....

Personally I feel my personal life has nothing to do with my work life or at least shouldn't, but that is the law. I do understand some of it....but there is a bunch of BS that comes with it.

Answer 7

The employees were technically committing a crime by buying liquor for an underage drinker. What actions that can be taken are determined by the laws in your state. Locally, a cop lost his job for taking nude pictures of his 18 year old girlfriend on top of his cruiser while off duty.

Answer 8

One example of an employee being fired for what he does after hours is drug testing. I worked at a hospital. At the time, they claimed that the only crime for which you would be immediately fired was drug or alcohol related because they could not keep their license and employ anyone with those convictions.

Answer 9

Yes, there are quite a few state now where the employer can fire you at will, without any explanation, and you have NO legal recourse whatsoever. I saw this story on 60 minutes about 3 months ago.

Answer 10

I would think that there would have to be some kind of ethics policy in place, but any company can fire you for any reason it deems justifiable as long as you are an at will employee.

Answer 11

In cases like this, the company has to prove that those pictures have harmed the company (I think)

It was probably not right to fire the employee, but to do anything you'll have to drag them to court and put up a lot of legal fees, probably not worth it.