Can You Be Fired for Having a Beer at Lunch? Employment Lawyer Explains

Can you be fired for having a beer during your lunch break? Not automatically. Drinking alcohol at lunch, returning to work intoxicated and violating a workplace alcohol policy are different issues. An employer can’t simply assume an employee was drunk because someone smelled alcohol on their breath.

Employment lawyer Lior Samfiru discussed the case of a mechanical engineer who was fired for cause after a co-worker complained that he smelled of alcohol. The employee said he’d had one beer with lunch and returned to work sober.

Can You Be Fired for Having a Beer at Lunch?

An employer may prohibit alcohol during the workday or discipline an employee for violating workplace rules. However, having a beer at lunch doesn’t automatically mean the employee was intoxicated or that the employer has grounds to fire them without severance.

In the case Lior discussed, a mechanical engineer with three years of service was dismissed after a co-worker reported smelling alcohol on his breath. The employee denied being intoxicated.

Lior explained that the employer should have investigated the allegation instead of immediately relying on another employee’s complaint.

Does Smelling Alcohol on an Employee’s Breath Prove Intoxication?

No. As Lior explained during the interview, smelling alcohol doesn’t necessarily mean someone is intoxicated.

Employers must take workplace safety seriously, particularly when an employee’s duties involve machinery, driving or other safety-sensitive work. But an allegation of intoxication should be assessed before the employer decides what disciplinary action is appropriate.

See more about employment and termination rights if you are drunk at work.

Can an Employer Fire You for Cause Under a Zero-Tolerance Policy?

A zero-tolerance policy doesn’t automatically establish just cause for dismissal.

An employer must consider the circumstances, including the conduct involved, the employee’s responsibilities and whether dismissal without severance is justified.

Lior explained that an employer should investigate suspected intoxication and consider appropriate steps rather than immediately firing an employee based on an unverified allegation.

How Much Severance Could the Employee Receive?

Lior believed the mechanical engineer had been wrongfully dismissed and estimated that, based on his circumstances and three years of service, he could be entitled to approximately six months’ pay.

Severance depends on factors such as age, position, length of service and employment contract — and can reach 24 months’ pay.

Employees who are incorrectly fired for cause may still be entitled to substantial severance pay. When an employer fails to pay the proper amount of compensation, it becomes a wrongful dismissal.

You can also use our free Severance Pay Calculator to estimate your potential compensation.

Fired for Cause? Check Your Rights Before Accepting the Decision

If your employer fired you for alleged misconduct, intoxication or a workplace policy violation, don’t assume you’re entitled to nothing.

The employment lawyers at Samfiru Tumarkin LLP help non-unionized employees in Ontario, Alberta and British Columbia challenge wrongful dismissals and pursue the compensation they’re owed.

Before you sign, always check first. Contact our employment lawyers or call 1-855-821-5900.