Ask Me Help Desk - Employment law

My 24 year old son was recently fired from his job as head bartender at a nationwide chain restaurant. He was fired for not checking the ID of a customer who turned out to be a secret shopper. This customer was a 30 year old woman who was dressed in a business suit and ordered a glass of wine. According to the company, their policy is to check ID’s on all customers who appear to be less than 40 years old. Violating the policy meant automatic termination according to the company. His supervisor told him that they had no choice but to fire him. My son had worked at this restaurant for over 5 years, starting as a server and promoted several times until he became head bartender. Many months ago, he was promised that he would soon be promoted to Bar Manager. On the very day he was terminated, he was being interviewed for this promotion. The idea that a company can have a policy such as this and then hire a secret shopper to entice him into violating this policy seems absurd to me. The shopper was 30 years old and dressed in a manner that would make her look older than she actually was.
It also appears that that there may be a racial element to the termination that could be investigated.

My question is, other than the racial issue, is there any other basis here for pursuing legal action againts the company?

Nope. The company has a written policy. Your son should have known that policy having worked there for 5 years.Your son violated that policy, which could have cost the restaurant its license.

Even, if this was a trumped up situation to get rid of him, you are not going to be able to prove it. He needs to cut his losses and move on.

Stop playing the race card... its getting old.

He sold alcohol without doing the legally required ID check... that is a HUGE fine for the licesne holder (in VA its $25,000) and after a few strikes they can and will lose their license. I know A wine Distributer and several business owners with a liquer license.

Not only is the ID check LEGALLY required by there state... The Employer also required it as a result. Its NOT an arbitrary law.

MOST places that sell alcohol WILL fire anyone caugfht breaking the law like that.

And besides... he is an AT-WILL employee... they don't need a reason to fire him.

Don't waste money looking for a payday... he just needs ot go get another job someplace else.

[No one is looking for a pay day. I'm looking to right a wrong. He did not break any laws. The customer was 30 years old. Who is to say whether she "looked 40" or not. There is definitely something wrong when an employee is loyal for 5 years and is promised a future with the company only to be fired over a judgement call.

Quote:

Originally Posted by txtxcal

[No one is looking for a pay day. I'm looking to right a wrong. He did not break any laws. The customer was 30 years old. Who is to say whether she "looked 40" or not. There is definitely something wrong when an employee is loyal for 5 years and is promised a future with the company only to be fired over a judgement call.

What part of the State REQUIRES 100% ID check do you not understand? That's not recommended.. its not optional, its required.

What part of AT-WILL employment do you not understand? He is there at their will and at his own... one party says its over... then its over.

YOU said the Employer has a policy requiring it... he violated it... its a serious matter when alcohol is concerned.. and can cost them HUGE money for months while their license is suspended. More than he will make in an entire year. It is enough to put them out of business in many cases depending on how much of their profits comes from those sales..

There is no implied or legal entitlement to employment for life... he can quit when he wants... they can fire him for any reason they want.

Sorry but that's reality... everyone deals with that every day. Loyalty only helps you dodge the cut if its between you and someone less loyal... but past that it means nothing.

5 years is nothing... I've seen many people with over 30 years get fired or laid off.

I understand and appreciate your answer. But there is NO legal requirement in the state of Texas that everyone's ID be checked. It is a violation of the law if he serves someone under the age of 21. He did NOT do that.

My son will move on and be just fine. But that doesn't make the termination right. It is absurdly wrong. You may be right and it is perfectly legal for them to do the termination but that doesn't make it right. I think it's a shame that companies can hide behind their "at will" legal rights just to dump an employee.

Quote:

Originally Posted by txtxcal

I understand and appreciate your answer. But there is NO legal requirement in the state of Texas that everyone's ID be checked. It is a violation of the law if he serves someone under the age of 21. He did NOT do that.

My son will move on and be just fine. But that doesn't make the termination right. It is absurdly wrong. You may be right and it is perfectly legal for them to do the termination but that does'nt make it right. I think it's a shame that companies can hide behind their "at will" legal rights just to dump an employee.

Really... Better tell the TABC they are wrong despite their published requirement. An emplyer can require 100% ID check even for 70 year old people with walkers if they want.

TABC Underage Drinking Laws

You are grasping at straws... and it won't change anything... If his employer demands he wear back shoes.. and he shows up with brown ones... they can fire him... its that simple. If they decide they have one person too many... and they like him less, then he's gone... that simple.

Wait until you run a business... when it comes down to YOU not paying your bills and going out of business or laying someone off so you can stay in business, you will fire people in an instant.

It's a business.. the owner put a lot of effort and expense to start it and keep it running... a lot try and fail and lose life savings... its not "hiding" behind at-will laws.

If was so easy... why doesn't he go out and start his own business instead of complaining about it... he is free to start his own business... because I promise you he will be doing the very same thing very quickly if he did.

Sorry if that sounds harsh... but its just being realistic... restarants have a very high failure rate... and a very thin profit margin. Staffing has to change from time to time for a number of reasons... all of them reflecting maintaining profitibility... after all... if there are no profits... where do you think the paychecks will come from?

And people not following the rules.. is contagious... one person starts doing it , then the next thing everyone starts doing it... then one day they show up for work... and the doors are locked, for good.

Remember Stuckeys.. Dutch Panty... etc... etc... lots of big chain restaurants go out of business.. and far more smaller ones every day.

Smoothy,
I went to the TABC link you provided. I could not find anywhere where it says a server must ID a 30 year old or anyone else for that matter.

I came to this forum for legal advice. Instead of learning anything, I was accused of playing the race card, looking for an easy payday, and told that I should just take the punishment and move on. No one here seems to think that what the restaurant did was morally wrong. I find that shocking.

I'm sorry I bothered Y'all.

Quote:

Originally Posted by txtxcal

Smoothy,
I went to the TABC link you provided. I could not find anywhere where it says a server must ID a 30 year old or anyone else for that matter.

I came to this forum for legal advice. Instead of learning anything, I was accused of playing the race card, looking for an easy payday, and told that I should just take the punishment and move on. No one here seems to think that what the restaurant did was morally wrong. I find that shocking.

I'm sorry I bothered Y'all.

Read the part where the EMPLOYER has the descretion to set any rules more strict than the state does. Its towards the top of that same page.

TABC Age Verification / Checking IDs

Quoted

Quote:

Company Policies

Some retailers in Texas have policies requiring that customers provide proof of age for all alcoholic beverage purchases, regardless of the age of the customer.

There are some other retailers in Texas that will only accept a Texas Driver's License or Texas Identification Card as “valid identification” to purchase alcoholic beverages.

Some retailers will insist that everyone in a group show proof that they are 21 or over when anyone in the group is attempting to purchase alcoholic beverages. This is an attempt to prevent adults from illegally providing alcohol to minors.

These are internal company policies and are more strict than what state law requires. However, these establishments have the legal right to insist on proof of age for alcohol purchases.

He's wasting time on a fight he can't possibly win. He would be better off seeking employment elsewhere.

Quote:

Originally Posted by txtxcal

... This customer was a 30 year old woman who was dressed in a business suit and ordered a glass of wine. According to the company, their policy is to check ID’s on all customers who appear to be less than 40 years old. Violating the policy meant automatic termination according to the company. His supervisor told him that they had no choice but to fire him. ...

I really doubt that the company has to fire him if they don't want to follow their rules. And, if they wanted, they could agree with your son that she didn't appear to be under 40. It looks like they really want to let him go, but don't have the courage to tell him that.

He might try this: Say "Fine, fire me, and then hire me back."

Most large companies use secret shoppers, I was one for years, and yes we are often suppose to try and see what happens, I have had to spill drinks on the counter at a fast food place to see what would happen, had to get rude with staff and see what happen and I most likely 3 times a week, had chances to buy beer or other drink to see if they would check ID.

This is a rule, he knew it was a rule if he worked there that long. He needed to be fired for not following the rules. Since this was a secret shopper, it went to the corporate office not the local manager, the local store had little choice in this. They assume of course if he does it once, he does it many times. ( and I am sure he does not check oftenif he lets this one get by)
And please race, no it has nothing to do with race, it has to do with the fact he failed to follow the rules, are you saying his race allows him to break rules>

It doesn't matter whether TX requires an ID check or not. Company policy required it. That's all that matters.

The only way you can get a case here is if you can prove that other bartenders violated the rule and were not punished for it.