Can You Be Fired For Refusing To Overserve A Drunk Customer?

In 1987 a bartender was fired for refusing to serve alcohol to a customer who was visibly intoxicated. The bartender went and got himself an attorney and they sued Morrisons for wrongful termination.

The bartender argued that Florida law makes it a crime to serve alcohol to a person who is visibly intoxicated. The employer argued that while Florida law prohibits serving alcohol to a visibly intoxicated person, the law does not provide for a civil remedy for wrongful termination.  

The Court held that:

The bartender, employed at will, did not have cause of action for retaliatory discharge as result of his discharge for refusing to continue to serve patron who had become intoxicated and belligerent, notwithstanding enactment of alcoholic beverage statute prohibiting serving habitual drunkards; while legislature provided criminal penalties for violation of statute, it provided no civil remedies. West's F.S.A. § 562.50.

Ochab v. Morrison, Inc., 517 So. 2d 763 (Fla. 2d DCA 1987)

However, this is not the case in 2023. Florida Statute 448.102 is known as the Florida Whistleblower Act. Section 3 of the FWA prohibits an employer from taking action (such as firing) an employee who refuses to participate in behavior that is against the law - like serving a customer that is visibly intoxicated.

If you would like to speak with an attorney who knows the restaurant business, call us and set up an appointment - consultations are free and 100% confidential.