Is It legal for me to get terminated do to a company party incident and call outs months before.

Probably. Being late may be one of the easiest ways to get fired for cause. It also might rise to the level of gross misconduct which could result in being denied unemployment by the DOL. The easiest way to be denied or penalized for unemployment is to make any false verbal or written statement to the DOL. At will employees can be fired for absolutely no reason ar all. That's correct. Read again. No reason necessary. As for off the clock conduct, an example might help. Employee X is drinking off the clock at a bar with coworkers Y and Z. X employee says to Y  "if you ever go to HR to complain again I will hurt you" and all 3 employees including Z know that X was just joking. X gets fired AND is denied unemployment benefits in New York State which is pretty hard not to be approved. Threats of bodily harm are taken very seriously in our state. Maybe the insult was not as bad as a threat or joke of bodily harm but only your extremely honest testimony at an unemployment hearing will determine that. Good luck.