Man Wins Case Against Company Who Fired Him For Drinking Alcohol During Working Day

After being fired by his company for allegedly drinking during the workday, a man successfully sued the company.

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According to his termination letter, the guy, who had been an electrician for the business for 27 years, was charged with "repeated excessive alcohol consumption during the working day, which endangered his physical wellbeing and that of his workmates."

A Spanish judge, however, determined that the company's justification for the firing was insufficient.

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As a result, the electric company has been required to either reinstate the guy in his position or pay him €47,000 ($51,775) in damages.

The business hired a private investigator to monitor the electrician for a few days in July 2021, according to evidence presented in court in Murcia.

The employee is accused of drinking a lot of alcohol on July 5, 2021, in the letter of dismissal.

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A liter of Estrella de Levante beer, four cans of San Miguel beer, and some snacks were allegedly purchased by the man and his coworker.

Later on the same day, he was observed purchasing and consuming another can of beer before returning the corporate car to its center of operations.

The private investigator claimed that on another occasion, the man and two coworkers were observed consuming seven liters of beer before the conclusion of their lunch break, followed by cans of Heineken, before returning to the company's headquarters.

On the third day, the man is said to have consumed a bottle of beer before lunch, three glasses of wine with his meal, and a shot of brandy to conclude.

The court has sided with the former employee notwithstanding the evidence that the firm seems to have gathered against him or her.

The court ruled that there was "no proof" that the ex-employee was "under the influence of alcohol, inebriated, intoxicated, or drunk," and that the private detective failed to specify whether the ex-employee displayed "signs of inebriation or clumsiness."

The ruling read: "Neither has it been proved, even circumstantially, that his physical and mental faculties were reduced or diminished during his tasks as an electrician, nor that he was impeded when he drove the company van at the end of the working day."

Additionally, the court found that all drinking had occurred during work breaks, "whether in a healthy manner or not."

It was also pointed out that the company had failed to take into account how hot it was in July, when the man had been investigated.

The court criticized the company for its unjustified termination of the electrician based solely on unproven allegations of excessive drinking.

When it came to the amount of alcohol the man was consuming, it was said that "climatic conditions and geographical habits should be considered."