Legal Question in Employment Law in Georgia
I was recently fired from my job for supposed stealing. I am a bartender and after a shift myself, a friend, another coworker and my manager stayed to have some drinks. Everything that was given to my friend and I was poured by the manager or my coworker. And I had two drinks and my friend had like 5. I also took home a box of empty bottles because I collect them. Anyways. The next day I went to work, the manager and I were fired for stealing. Which was not the case as other managers are often up there drinking with friends. Nothing paid for. The other coworker, who poured herself like 15 drinks, recieved no form of punishment. I went in today to get my final check and they said they are not going to give me my check so that I can pay for everything that was taken. Including a full bottle in the box of empties. The check should be about 140 dollars. There is no way we drank 140 dollars worth of alcohol, or hello liver failure. Are they legally within their rights to withhold the full amount? And hold me responsible for all that was consummed? Even though I poured nothing.
3 Answers from Attorneys
You've made a bad choice. It doesn't matter what other people got away with in the past. You didn't get away with it this time. 3 people can easily drink $140 worth of alcohol in a night. That's not shocking to me at all. My opinion is to let them take the money out of your paycheck (most of your money is made on tips anyway as a bartender!) and go away quietly. They do have the option of calling the police and trying to have you arrested (which would be an incredible expense and headache to deal with, even if you are not guilty of "stealing"), so slide away.
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******
In the end, it may prudent for you to let this one go to avoid escalating the issue. However, I disagree with Mr. Cook's rationale for not being able to collect what is due to you. I don't think you should give up this amount in your paycheck. If you truly believe you've permanently lost your job here, you may have nothing to lose but fight them. If you attempt to collect unemployment, they will likely challenge it and win. There are a few issues here that may need to be fleshed out:
1) Is this the first time you stayed later and had a few drinks that you believed to be "on the house?"
2) Was the unpunished co-worker required to pay anything towards the drinks?
3) Have you ever paid before?
4) When you say "everything that was taken," what exactly are they referring to?
5) Did the manager ever present you, your friend, or your co-worker with a bill?
If you'd like to discuss this matter, please feel free to email me: [email protected] with the answers to these questions.
Please note that the response above is for informational and investigational purposes only. Nothing here constitutes an attorney-client or business relationship.
Some lawyers will be glad to take a fee for going through all the facts, in which case you will have paid a lawyer and probably still have all the same issues and the same chance of escalating the issue. You made a bad decision that day, and $140 is a small price to pay.
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