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I was told by my manager that I couldn’t come back to the…

I was told by...

I was told by my manager that I couldn’t come back to the restaurant after work and have a drink, there were 9 employees working the same shift and not one other employee was told they coukdnt

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I messaged the GM of the restaurant and he said he needed to gather more info and that we would talk more about it today

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I just wanted to know my rights and how can she discriminate against my actions while not on the clock

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

At will She also shared our conversation with other employees after I left

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Answered in 3 minutes by:
3/21/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Did your manager give you any reason for not allowing you to come back and drink?

Are you at least 21 years old? Are you a member of a minority group such as race, religion, ethnicity, sexual orientation, or gender?

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Customer reply replied 3 months ago
She told me I needed to go rest because I’ve been working a lot, and I thought she was kidding when I told her I was going to run change and then come back and meet another employee, she said no you stay home and rest and I said I would after I have a glass of wine, she said I’m being serious, she said if you come back I will deny you any alcoholic beverages, I have no previous issues with this, I have no write ups, I worked the shifts I was scheduled, by the way possibly over scheduled. I have worked around 45 hours in 4 days
Customer reply replied 3 months ago
I’m 37
Customer reply replied 3 months ago
I was thinking I should contact HR
Customer reply replied 3 months ago
I’m not a member of any minority group
Customer reply replied 3 months ago
She allowed other employees to stay but denied me to

Thank you.

Anti-discrimination laws unfortunately only apply to people in groups that have been traditionally discriminated against. This doesn't sound like a discrimination issue, so much as a personality conflict. It sounds like she thinks she's looking out for you (which I realize is not her job). It's possible that your general manager will talk to her and explain why that behavior was inappropriate, but I'm afraid there isn't a legal cause of action here. Bars are allowed to refuse service to anyone, and that includes off-duty employees.

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Customer reply replied 3 months ago
What about her sharing our private conversation with other employees after I left?

That's also inappropriate, but there aren't any specific laws that prohibit it.

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Customer reply replied 3 months ago
I just don’t understand how she can tell me that I can’t do something that has rules set in place and that I abide by and have had no previous issues with
Customer reply replied 3 months ago
she was drinking on the clock last night

That's something to report to her manager, but it doesn't have any bearing on whether she needs to serve you when you come into the bar after hours.

Most people don't want a high level of government interference in their lives. As a result, there aren't laws that deal with every situation - it wouldn't even be possible to do that, in a society that moves and changes. Employers are largely left on their own to determine what employee behavior is acceptable and how to handle people who cross the line. I'm not saying that her behavior is okay. I'm saying that Congress has never passed a law that would give rise to a cause of action here. The recourse is to discuss it with your manager so they can discipline her.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified
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