Company xmas party, offensive words, fired from the job?

A guy at work had a few drinks at the company xmas party. He happened to ride the elevator with some high profile company owners. He asked them "Where are you guys heading?" They said "we are going home." He said "F**k that. You should come drinking with us and pay for it".

This guy got fired from his job the next working day! It was wrong for him to say the F word, but I don't think he deserve to be fired. I think he should get a warning. He didn't say "F**k you" or anything that is personal.

Can he sue the company for this? Would he win? I wonder if there is any rule in our employee handbook that constitute a dismissal of an employee in a case like this.
Additional Details
I don't know this guy at all. I am just curious what his chance of suing the company.

Protege

There are so many underlying issues here, that it would be impossible to answer. If there is a handbook, there would probabaly be something in there about termination of employment, but not necessarily. I would recommend your friend speak to an attorney, if he feels he was wronged, but make sure he is honest about everything. A copy of the handbook would be necessary.

Serge M

He was rude to executives and they didn't like it. So he was fired. Too bad. Employees should think before they decide to get drunk. The company has every right to dismiss an employee for bad behavior. His behavior reflects on the company. Who knows what he says about the company when he is drunk elsewhere? there is no reason for a business to keep en employee who is in the habit of excessive drinking.

tom_gpp

He was at a work event. You NEVER get drunk at work events. You are supposed to act no different than you would at work. If he was stupid enough to say that to management, he deserved to be fired! Would it be appropriate for him to say that around the office?

áƒ¦*Pink Cat *áƒ¦

Companies can fire you for whatever they want. Thats why you don't get drunk with co workers and bosses.

jennifer_weisz

A lawyer would first question if this was truly the motive for dismissal. It may have been something they were pondering for a while and that cemented the decision for them - he sounds obnoxious!

Anyway, it is very difficult to sue over these types of things because they can easily claim he lacked in other areas of performence and that is the reason. It is quite subjective; especially after they have possession of the work he did (emails; etc.).

Happy Holidays!

oscarthegrouch

It would depend on the handbook and the state laws, but it's not unreasonable for him to get fired for this. He shouldn't have said what he said. He should just chalk this up to a very costly life lesson.

countryguyhfc

People can get fired for just about anything. Being drunk in public is one reason. Using profanity would be another. Unless he belongs to a union, he is an "at will" employee. That means he has a job as long as the company lets him have the job. At any time the company can say "See ya" and he doesn't have a job anymore and there is nothing he can do about it.

redgator40

unless he had a contract he can be fired. he made a very stupid mistake that i'm willing to bet he won't do again.

steph

he could probably fight for wrongfull dismissal...

maybe he's not a good worker and they've been looking for an excuse to get rid of him and that was it

Michael F

Collect the unemployment, he messed up and has to learn he is responsible for his actions, Holiday time or not..

hr4me

Just because it's the office party does not mean that the rules concerning behavior are different. I would be that somewhere in your handbook there is language concerning appropriate conduct at work, in the office, and how to conduct yourself. It may seem like it was just one comment and should not count, but I would bet that this was not the only comment he made during the evening. He does not have grounds to sue the company as I would bet you are an at-will employer.

My company would have fired the guy on the spot and not waited for the next day to do it.

bee-otch

LOL!! I agree with the ex-worker! They should pay for it!! What a bunch of shitwads!!

Oh and no he cant sue the company!! Well he can, but he wouldnt win the case.

DoogieT

The question is what was the reason why he was fired? That should have been said and written in his termination. Then you can decide whether it was a wrongful firing or not. Company Christmas parties with alcohol are dangerous to the company because the alcohol can lead to stupid things. In the end, the company is responsible because it is a company function. It's worth looking into and he may have a case depending on the reason for the termination.

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