Drinking beer while off the clock, but still suspended..?

[larenzo]

Happened in California, working as a floor salesman for a national retail chain. In the middle of an 8-hour shift, took an off-the-clock lunch break off-premises. Had 1 beer with lunch. An off-duty manager (not the GM) saw and reported it. Suspended before getting back to work, fear of losing job during meeting with GM tomorrow.

The company handbook has a section of drugs/alcohol but prefaces it with "this section applies whenever the interest of _store_ can be affected or: 1) on _store_ premises. 2) performing _store_ business. 3) operating/responsible for _store_ equipment/property. 4) responsibility for safety of others."

This just happened to my close friend. California law -requires- that employees must be relieved of ALL responsibility during the lunch break. Combined with happening off company property, i dont see how they have any recourse to so much as suspend her. They didnt draw blood, she wasnt intoxicated nor unfit to perform her duties without harm to self, others nor property. Am i wrong, or did they just get screwed over big time?

[webb]

It wasn't the drinking of the beer that got her in trouble....that was PERFECTLY legal. It was the coming back to work AFTER consuming the beer that is her undoing. "she wasn't intoxicated nor unfit to perform her duties without harm to self, others nor property".....that is a subjective call my management that they have EVERY legal right to exercise that judgment in this case. If they knew she had been drinking at lunch and something DID happen at work....the manager can actually be sued for knowing and failing to act. Do you expect the manager to assume that risk his HIS job?

[ashly]

Nope...they can fire her - all they have to say is that consumption of alcohol during lunch constitutes an action that is against the interest of the store. Relieved of all responsibility just means that during the lunch break, the company cannot ask them to perform any action that is related to their work - it doesn't say anything at all about prohibited actions. While your friend might be suspended, the company also has the option of firing your friend.

[shen86]

You're wrong. Even a can of beer can have an effect on you. So it can possibly affect your duties when you come back after your break.

The manager is not going to take a risk and be liable when you make some bad mistake. Policy says whenever it can affect the store. Your drinking can affect the store and your performance. It is left up to the manager to enforce it.

[ingel]

The problem is that your friend came back to work after drinking. She may not have been intoxicated, but was under the influence of EtOH while on duty. She needs to pay more attention to company policy and be thankful she didn't lose her job over this.

[blaisdell]

your thinking would be ok, if by the time she came back to work the beer or what ever she drank would have been out of her system.. this is why at the end of your shift you can drink but still go back to work 8 to 16 hours

[larry]

you had a beer then went back to work? you'll probably be fired.