FRANCISCO CORRADA BETANCES v. SEA-LAND SERVICE, INC.
First Circuit Court of Appeals
May 3, 2001
May 3, 2001
Labor Law: the district court entered summary judgment dismissing plaintiff's wrongful discharge claim based on the following undisputed facts: At the end of his shift on April 21, 1997, Plaintiff left Sea-Land's premises with a fellow supervisor. The pair visited various watering holes, imbibing as they went. Five hours later, they returned to Sea-Land's premises for a car, but did not simply drive away, but, rather, entered the marine department office (where others were still toiling) and engaged in raucous behaviour. On April 22, Plaintiff was suspended for two weeks. On November 11, 1997, Plaintiff called the office to say that he would be late for work. When he arrived, he was wearing the same clothes that he had been wearing the day before and a fellow supervisor smelled a strong odor of alcohol on his breath. Various co-workers noticed slurred speech, bloodshot eyes, slumped posture, and other indicia of inebriation. The marine manager spent a few minutes with Plaintiff, obviously disliked what he saw, told Plaintiff that he was in no shape to work, and ordered him to leave the premises. The next day, Sea-Land terminated Plaintiff's employment. Noting that "there is little point in attempting to reinvent a well-fashioned wheel", the First Circuit "declined the invitation" to reverse the district court's summary dismissal of Plaintiff's wrongful discharge claim.
Source: Admiralty and Maritime Law Guide
By Maria Gemma M. Valladolid-Mayo (email@example.com) thru ermlaw