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  #1  
Old 01-14-2011, 04:32 PM
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Legal question

I am trying to get some info before I call my attorney.

My friend was staying in a hotel that was paid for by his company in VA. He overslept and missed a meeting in the morning. His employer has contacted the hotel and got a print out of when my friends key card was used.... so they basically know he was out late the night before, which he was. The company is trying to say he went out and got drunk, came back late then missed the meeting. That is pretty much what actually went down but I don't see how it is any of the companies business. He should be punished for missing the meeting but instead they have launched some sort of internal investigation trying to prove he was out late drinking. He told the company he got sick at dinner and overslept.

The hotel giving up the key card info does not sound legal to me?

Any ideas?

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  #2  
Old 01-14-2011, 04:37 PM
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Don't drink when your on business if you can't wake up.

He is traveling on the company's time and on there dime. You can bet if he paid for the night on a company CC they will be looking at all his charges.
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  #3  
Old 01-14-2011, 04:39 PM
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Uhhh, what keycard system is used in the hotel?


Depending on the system, they may be full of *****
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  #4  
Old 01-14-2011, 05:11 PM
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They paid for the room and they have the legal right to the info. Same as using a company car.

The only thing they can prove is the times the room was accessed. They'd be hard pressed to prove he didn't just step out for ice or a smoke IF he had been in the room earlier.
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  #5  
Old 01-14-2011, 05:12 PM
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Quote:
Originally Posted by ashedd View Post
I am trying to get some info before I call my attorney.

My friend was staying in a hotel that was paid for by his company in VA. He overslept and missed a meeting in the morning. His employer has contacted the hotel and got a print out of when my friends key card was used.... so they basically know he was out late the night before, which he was. The company is trying to say he went out and got drunk, came back late then missed the meeting. That is pretty much what actually went down but I don't see how it is any of the companies business. He should be punished for missing the meeting but instead they have launched some sort of internal investigation trying to prove he was out late drinking. He told the company he got sick at dinner and overslept.

The hotel giving up the key card info does not sound legal to me?

Any ideas?
What is the company's (employer's) motive (next move) in garnerning this information against their employee, do you think?

BTW, your friend's story is airtight to the extent that it is an excellent excuse/reason why he didn't make the meeting. Tell him to stick to it.

BTW; I'm with IWROCK.......flabbergasted that this (key card) info is logged! That's friggin' scary IF it is true!
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  #6  
Old 01-14-2011, 05:15 PM
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Quote:
Originally Posted by Mike D View Post
They paid for the room and they have the legal right to the info. Same as using a company car.

The only thing they can prove is the times the room was accessed. They'd be hard pressed to prove he didn't just step out for ice or a smoke IF he had been in the room earlier.
Agreed. The guy needs to stick like glue to his story of just being too sick to make the meeting...
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  #7  
Old 01-14-2011, 05:18 PM
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When a company is paying the tab, they have a right to the key card and credit card info. Not knowing all the facts in the case makes anything said presumptive. However, if he was out late the night before, it doesn't look good. Most people who have an important business meeting scheduled in the AM know that a good nights rest is necessary. His actions say he might be more interested in partying on the company's dime than doing the company's business.

A call to a lawyer who is versed in employment law may provide him with possible options. But, it sounds as though he may no longer be on the Company's "Most Valuable Player" list......

Last edited by HuskyMan; 01-14-2011 at 05:38 PM.
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  #8  
Old 01-14-2011, 05:18 PM
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He is absolutely sticking to his story. The other employee there was asked if he was drinking and she said no... knowing full well he was. So everything seems to be covered.

I still don't feel the company has the right to pull those records.

Thanks
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  #9  
Old 01-14-2011, 05:28 PM
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So if your buddy borrowed your car for a bank robbery get away do you feel you should have a right to know about it?

I know it's a drastic comparison but you get the point.
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  #10  
Old 01-14-2011, 05:31 PM
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Depending upon his pay grade, the company may hire a private investigator to look into what happened. They'll interview everyone at the restaurant, bar and hotel, and ask to view any security camera footage, etc etc. And, if they find even one person who says he was intoxicated, not only may he get canned, but the girl who lied along with him may get canned.

Or, they may simply wait for him to screw up again (people like this tend to wash, rinse and repeat) and then give him the pink slip.
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  #11  
Old 01-14-2011, 05:36 PM
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If it is an electronic keycard system then they do have times of when everyone entered the room.

However that doesn't mean he was drinking. He could have left to go somewhere on the floor / pick up a pizza / whatever.

Sounds like some office drama at this company. If I was said manager I would say it doesn't really matter what the hell he was doing the night before but the fact that he missed a meeting is irresponsible.

And the comparisons are a bit a miss. Your "friend" should tell them they have no business what he did at night, but own up to sleeping through his alarm.
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  #12  
Old 01-14-2011, 05:43 PM
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The fact that the company has accused him of drinking might mean that they he's done it before or they suspect that he's done it before. Either way, the company's allegation is not a good thing for his personnel file.
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  #13  
Old 01-14-2011, 05:44 PM
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One of my Brothers is a regional rep. with a massive multi-national company in their industry. He is paid extremely well as an employee of 10+ years. He loves a couple three beers before and during happy hour suppertime. In all the years of making bi-annual sales meetings he touches nary a drop of alcohol at these company GTGs. I think he is very wise in exercising personal discipline to not drink at sales meeting's evening activities.

Last edited by Skid Row Joe; 01-14-2011 at 06:02 PM.
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  #14  
Old 01-14-2011, 05:49 PM
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Quote:
Originally Posted by Skid Row Joe View Post
One of my Brothers is a regional rep. with a massive multi-national company in their industry. He is paid extremely well as an employee of 10+ years. He loves a couple three beers before and during happy hour suppertime. In all the years of making bi-annual sales meetings he touches nary a drop of alcohol at these company GTGs. I think he is very wise in exercising personal discipline to not drink at sales meeting's evening activities.
Wise, is an understatement. Alcohol and company business do not make good partners. Plus, if an employee is intoxicated while on company business and does something stupid or breaks the law, the company can incur the liability,i.e. get dragged into the mess. And, most companies do not like nor appreciate that one bit, it's way to expensive a proposition.
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  #15  
Old 01-14-2011, 05:54 PM
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Originally Posted by ashedd View Post
He is absolutely sticking to his story. The other employee there was asked if he was drinking and she said no... knowing full well he was. So everything seems to be covered.

I still don't feel the company has the right to pull those records.

Thanks
The company seems (is) fixated on the 'drinking' here.

I think an attorney could take the company apart, on their fixation of a legal activity, (drinking alcohol) during OFF hours of sales meeting time.

I also believe the attorney could do the same about the key card information the company is fixated on too.

I think it is a huge snare (trump card) the company has played in questioning another employee about your friend's legal (drinking) activities after business hours.

The company seems to be trying to enforce "unwritten" business protocol during after business hour time.

I think this could be a big mess for your friend.

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