QUESTION
PLEASE READ THE DETAILS ... My 18 year old daughter was visibly intoxicated at work and was told to leave. Does employer responsibley for her safety?
Asked on May 09th, 2012 on Labor and Employment - Florida
More details to this question:
The manager of a major franchised casual dining restaurant refused to allow several employees from giving her a ride home (one took her keys and was told by the manager to give them back) nor did the management team contact any of the emergency numbers on file of the issue, resulting in an accident. When one of the co-workers tried to intervene and sit her down to get her self together, he was told to get away from her and get back to work. She was again told to leave immediately. Almost all of the employees that volunteered to help, have been fired.
1 ANSWER
If your daughter was hurt on the way home from work, she may be able to sue the employer and the managers who kept the co-workers from helping her. However,r depending on the extent of your daughter's intoxication, she may be barred from any recovery. Under the Florida "Alcohol or drug defense" in liability cases (Statute Section 768.36), your daughter may not recover any damages if at the time she was injured she was under the influence to the extent that her "normal faculties were impaired OR her blood or breath alcohol level was 0.08 percent or higher" AND, as a result, she was more than 50 percent at fault for her own harm.
Answered on May 28th, 2012 at 11:53 AM