Drunk Bartender Sued ( Not actually this guy )
Is a drunk bartender sued for Drinking On The Job something you’ve seen before?
A bar sues bartender: The bar had it’s liquor license temporarily revoked because one of their bartenders was drunk at work while serving customers. I have purposely omitted his name because he’s got enough trouble.
As reported by Oregon Live, the lawsuit claims that the bartender was drunk on the job last January at the Barrel Room in Oregon, USA. Consequently, he is being sued and it’s very rare that a bar sues bartender.
The Oregon Liquor Control Commission suspended the bars license.
The suspension begins on January 20th, 2019 and will last 21 days. As a result, owners of the bar estimate they will lose $115,000 US in lost sales earnings in the 21 days the Barrel Room will be legally prohibited from selling alcohol.
According to the lawsuit, the bartender admitted to Portland police that he had been drinking on the job that day and had been relieved of his duties because of this. As a result, the owners of the bar are now seeking damages from its former employee for $5,500 per day over 21 days for a total of $115,000 USD.
Furthermore, employees who serve alcohol in Oregon are required to have a permit issued by the Oregon Liquor Control Commission. This applies to nightclubs, bars, restaurants, taverns, private clubs, lounges, etc. Because the bartender was drinking alcohol on the job, and drunk at work, consequently he had his service permit suspended for 18 days and was also penalized.
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1) How much revenue money do you think the bar will lose in 21 days?
It is not so much the question of revenue, rather then profit.
If he loses the lawsuit, he should definitely have his lawyer and the judge look into the exact finances of the establishment, minus all the average cost for alcoholic beverages that would have been sold, minus the cost of extra labour with reduced buissnes requirements, minus the extra flexible and perishable costs of bar setups, and minus extra taxes that state of Oregon would lose by decreased revenue.
And all reviwed by state tax auditors, and calculated on the average of last 5 years in the same time period by date, or since opening for the same time period.
2) What do you think of bartenders who drink on the job?
I am not a firm believer in zero-tolerance policy, but there must be a limit set in order to secure a safe and responsible execution on job.
3) Should this happen? Drunk Bartender Sued For Drinking On The Job?
Sure, there are irresponsible bartenders that with their actions even after numerous trainings and warnings create an unsafe environment both for guests and owners.
4) Is is actually illegal for bartenders to drink while working where you live?
Or,
Is a it a by-law in some places or what?
Is it regularly enforced?
What Type of bar job- Nightclub, pub, 5 star restaurant, beer joint on the beach etc.
Bar in a 5* hotel, and in the country in general, yes it is illegal .
5) What are the legal consequences of drinking on shift? Give examples.
Immediate termination.
6) How long do you think it will take for the bartender to earn $115,000 if he loses the lawsuit?
Forever.
7) Even if the bartender wins the lawsuit, how much do you think his legal fees will be?
Too high, he should request the audits by himslef in front of the judge, the owners will probably decide to back off. If not then take on a lawyer.
8) Have you ever had a drink or drinks while on a bar shift?
Under what circumstances and What country & city are you in?
Certainly. In Croatia, it is a normal thing to have a drink or two with regulars in regular bars or pubs.
9) With this on his resume,”Bartender Sued For Drinking On The Job.”
What do you think the bartenders chances of ever being hired as a bartender again?
Not impossible, but is this something that he will want to continue doing really?
10) What do you think will happen with this situation in Oregon: Drunk Bartender Sued $115,000 USD at Barrel Room in Oregon, USA.
Global shift in approaching bar jobs.
11) Will this lawsuit change anything in bars around the world?
Probably more trainings and owners focus to make sure their teams live healthy life style.
This bartender could open up a can of worms. The bar best be squeaky clean as the bartender could EASILY prove drinking was a norm, that he was just following the crew, and management was fully aware.that “everybody did it.”
Point, just because he got caught doesn’t mean he should take the rap himself.
I used breathalyzers in my clubs, just to keep the limit in check and to curb my bartenders enthusiasms…but I didn’t mind them sharing a drink w/ guests as long as the guest paid for them.
Being drunk is inexcusable and characterizes a shady environment.
In the end, in my professional opinion, the burden always falls on management/owner (REGARDLESS) and there is no scapegoating. A good manager will and SHOULD always know when their staff is drunk/doped up.
1.) If the owner’s liquor loss estimation is $5500/day, you have to assume some patrons will not dine there either due to the suspension, whether they are unaware of the law and thus presume the facility is closed or decide to dine elsewhere in case they want to order an alcoholic beverage with their meal. Could be a low loss estimate.
2.) No drinking on the job…period.
3.) ServSafe and TiPS programs both stress a bartender’s liability concerns with over-serving and drinking on the job. Yes, that bartender can be sued. What if s/he left work and hit someone with their car?
4.) The grey area is per facility – owners turn a blind eye towards it if that bartender fills the seats.
6.) Relative to their personal situation. If their only source of income is bartending, a very long time.
7.) S/He could ask that if s/he wins, their legal fees are covered.
8.) Yes. NY nightclub bartending in the 90’s.
9.) If there was a follow-up program attended that focused on alcohol consumption and they were humble about the learning experience, I’d give them a second chance. But another town. I’m sure word has traveled very fast. The bartender circuit is tiny.
10.) Expect new city ordinances. New policies and procedures per establishment. More attention paid by SLA’s to check on bartenders consuming on the job.
11.) No.
Hope all is well Scott!
I have been a bartender for 8 years. Here are my thoughts.
1. I cant really comment on lost revenue without access to their numbers, 115,000 seems steep to me but I would guess at least 50k in 21 days.
2. The time its ever acceptable to drink on the job is if you are tasting a new product. I work in a brewery and when we get a new beer everyone tastes it, about half an ounce. The same goes for distributors trying to land new accounts. They bring very small samples with them.
3. While it is harsh of the business to sue an employee rather than just fire them, they are within their rights to do so. If the manager on duty that night knew the bartender was drunk or drinking, he should have sent him home.
4. I live close to Oregon in Washington State, and it is not legal to be drinking on the job except for the purposes of training. New products are considered training so tasters are fine.
5. Similiar to Oregon the consequences are fines, suspensions, and even jail time. Further, the bartender can be liable for any crimes his or her patrons commit once they leave the bar while intoxicated. For example if someone leaves drunk and gets in a car crash, the bartender can be liable for damages for overservice.
6 and 7. Assuming he gets another bartending job once his license is reinstated, which I find highly unlikely unless it’s a mom and pop or friends place, he’s most likely going to have his wages garnished for the next 5 or 6 years to pay it back.
8. I’m not saint, but drinking on shift has been one of the things I’ve swore I’d never do. Beyond tasting new beers or straw testing a new cocktail to make sure it’s right, I’ve never had an actual drink while on shift with customers present.
9. Slim to none. A bar or restaurant cant have the risk of a liability on their staff. Further, if the young man cant work without having a drink maybe being around alcohol isn’t the best job for him.
10. Hopefully it can be reached with a settlement. There are many unknown factors in play here. Was anyone else drinking? Did the manager know? Was the bartender having some sort of life crisis? Were the patrons buying him the drinks and peer pressuring him? There are alot of parts to this machine.
11. Unfortunately no. There are many many bartenders who simply don’t care or are unaware of the risks involved in alcohol service.
PJ Calihan Says…
To put it in simplistic terms my guess is that the employer had a written employee policy in place about drinking on the job (as most do) and not just for reasons related to the law but safety and security as well.
Therefore I’m sure they feel that this is a logical move (tho doubt they see any real money)
PJ Calihan
QuipSafe – Sustainable Equipment Specialists
Corey Crawford – GM Says…
1) 75% of TOTAL sales, for ~6 WEEKS. First 21 days you lose sales while telling people you can’t serve alcohol. Takes time to fix that perception.
2) As a Restaurant Manager I’m opposed to TMs drinking on the clock, unless it is for training.
3) Absolutely, if the business did its due diligence and trained its TMs accordingly. However, if the business hasn’t held TMs accountable to the standard, it’s on them. Court, or arbitration, will provide an answer to whom is at fault.
4) Yes. In 2015 North Carolina A.L.E. Agents saw a TM drinking while cleaning up and issued a $1500 fine to an Asheville Brewery.
5) Liability from workplace injury, Negligence (civil) from poor judgement, Negligence (Criminal) from Dram Shop Laws.
6) About 12 years (Not including any interest he may have to pay).
7) Thousands of dollars, even if he works on his own case as much as he is able.
8) Yes. In my early 20’s. In establishments where drinking with the guests was encouraged, however, intoxication was never acceptable.
9) IF… it’s on his resume, it will all depend on how he sells himself, and the experience, in an interview.
10) It will most likely get settled out of court.
11) People that care will use it as a teaching opportunity.