26 replies to this topic

[jnelsoninjax]

SHELBY, Ohio - A local bartender got fired from her job for calling police and alerting them to a drunken patron who was getting behind the wheel of a vehicle.

Twyla DeVito said she was proud to work at the American Legion Post in Shelby.

“They do a look of good for this community, for our veterans,” DeVito said.

Her tenure at the bar came to an abrupt end last week.

“I came into work, he was already there, pretty much hammered,” DeVito said.

DeVito said that the man was a regular at the bar and also served as an officer at the Legion Post.

“He ordered a beer, I gave it to him, and then I started to try to slow it down, serving him,” DeVito said.

She said that when he went to leave, she knew he was not in a state to drive.

“I called the police and said, ‘We have a very drunk person leaving the bar. He is going to kill someone or himself,’” the former bartender said.

Shelby Police Chief Charlie Roub said that one of his officers quickly located the driver and came to the same conclusion.

According to the police report, Mike Ramey blew a 0.167.

“That’s a little over twice the legal limit,” Roub said.

Ramey was arrested and charged with drunken-driving.

Two days later, DeVito said that she got a call from her boss.

“He said, ‘I’m going to have to fire you, because it’s bad for business to have a bartender that will call the cops,’” DeVito said.

The commander of the post would not make a comment to 10TV News on camera but said that while DeVito did the right thing morally, she did not do the right thing for the business.

“If every patron who comes in here has to worry about the cops waiting for them when they leave, the place would be empty,” said Mic Hubbard.

Roub said that he was not pleased with that comment.

“Here, we have someone that’s trying to do something right and ends up getting punished for it,” Roub said.

DeVito said she did what she felt she had to do.

“I stand by what I did, and I would do it again,” DeVito said.

According to the Ohio Department of Public Safety, there is no law requiring a bartender to report a drunken-driver.

Bartenders are prohibited from serving an intoxicated person and could be held liable for any crash or injury that results, though.
Source

[Marshall]

I commend the bartender for calling the cops, as she was trying to save lives.

On the flip side, the boss/owner doesn't care about such things, he's greedy and only wants profit. Quite sad.

[leesmithg]

Well once anyone has got more than 35mg of alcohol in their blood then they're intoxicated and in Britain over the legal drive limit.

So by this,

Bartenders are prohibited from serving an intoxicated person and could be held liable for any crash or injury that results, though.

The bar keep should be serving them no more than 1.5 pints of larger proof 4.4% or no more than a large glass of white wine.

I went to the Pub Xmas eve with my buds from a club and I drank 6 pints of Guinness.

I should have been stopped at 1.5 pints, but wasn't.

I don't drive, I walk everywhere.

So why then do the pub trade ignore this fact.

The bar keep should sue her employer, she did the right thing.

Though if she kept serving the man beer, she did the wrong thing also.

[spenser.d]

That's ridiculous. There shouldn't be any tolerance for drunk driving and people should be commended for this. I'd love to know how her boss would have felt if this guy would've plowed over a family member of his.

[pes2013]

You have to understand the boss's point of view...

Having said that, she did the right thing and should do it again. I applaud her.

[streetw0lf]

It seems she served a drunk patron (hammered as she stated) which is against the law according to the article. She should have refused to serve him. She only added to the problem.

[Nashy]

How is this not unfair dismissal?

[Lexcyn]

Where I am in Canada if the bar owner doesn't enforce these rules (ie: calling the cops on drunken fools trying to drive), he/she will lose the liquor license plus get a huge fine and usually that means the bar will be shut down.

[spenser.d]

pes2013, on 23 February 2013 - 13:30, said:

You have to understand the boss's point of view...

Having said that, she did the right thing and should do it again. I applaud her.

I do understand it and it makes me think he shouldn't be allowed to run a bar.

[Neobond]

Wow, "doing the right thing" loses Although it's more of a pain that this couldn't have been an anonymous tip off I suppose.

[jakem1]

Nashy, on 23 February 2013 - 13:42, said:

How is this not unfair dismissal?

Maybe they don't have unfair dismissal laws in Ohio.

[+Brando212]

this is happening way too often lately. people getting fired for doing the right thing that is

[Dot Matrix]

So, potentially loosing a customer due to death from drunken driving is bad for business?

[Anaron]

Dot Matrix, on 23 February 2013 - 13:56, said:

So, potentially loosing a customer due to death from drunken driving is bad for business?

It's all about money and apparently, people are more likely to drink at a bar if they can get away with drunk driving. I despise drunk driving and if I were the owner of that bar, I'd praise the bartender for potentially saving lives.

[Rohdekill]

She has zero grounds as far as suing. Ohio is a work at will state, unless she specifically requested an employment contract. Such a thing would never happen for a bartender position.

“Employment at will” means that, unless you agree otherwise with your employer, either you or your employer may terminate the employment relationship at any time for any reason that does not contradict the law. If you do not get an employment agreement for a specific period of time, you will be an “at will” employee and can be terminated at any time. By the same token, as an at-will employee, you are free at any time to leave a job you no longer want in order to take a better position.

The employer broke no law in terminating her employment. Yes, her situation is unfair, as is life. But legally she has no recourse.