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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19182
Experience:  Employment/Labor Law Litigation
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I was a bartender that got fired because a party at the bar

Customer Question

Hello, I was a bartender that got fired because a party at the bar was "over served" but I was let go even though there were 2 other bartenders serving them. I was the bartender who served them initially and started their tab and so because my name was on the check even though all three bartenders are responsible for tending the bar, and I was the one who cut them off, I was the only person who got fired.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will
JA: Anything else you want the lawyer to know before I connect you?
Customer: I feel that I was terminated unjustly, especially when I was not the sole bartender on duty.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 7 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

The law doesn't actually require fairness in terminations. The fact that you were the only one terminated, by itself, is not enough to establish any sort of legal claim here. You can use that fact to fight for unemployment, but to have a claim of discrimination you'd need another fact.

You'd need to be able to say that the only reason you were let go and the others weren't is your race, religion, gender, age or disability. If you can't point to one of those factors, there is no claim here.

If you can, then you need to file a complaint with the EEOC in your state.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 7 months ago.
We were told as a restaurant as a whole that for a patron to be legally intoxicated they have it more than 2 drinks per hour. Every bartender and most if the serving staff has given there customers well over this amount within an hour. For example, when a customer sits at the bar by themselves and asks for a pitcher, the bartender gives it to them without question. Now the pitchers at my previous employer is about 50 ounces of beer; technically, that customer has been over served. I was fired over something that happens on a day-to-day basis by multiple employees and was allowed. I wasn't even given a warning.
Expert:  Allen M., Esq. replied 7 months ago.

Warnings are not required before termination in Florida, or most other states. This is called "at will" employment.

You can legally be terminated without there even being a cause.

So, while these things you are mentioning here certainly make your termination unfair, that doesn't make it illegal. I wish I could tell you differently, but that's just the way the law is on this matter.

Unless you can allege discrimination like I mentioned earlier, all you can do here is fight for unemployment.

Expert:  Allen M., Esq. replied 7 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.