Q: Can I sue the bar for negligence and wrongful termination after reporting drug use?
I reported to my manager that a coworker was using intravenous drugs in our bar's employee restroom. Despite my reports, no action was taken. I kept a bloodied toilet paper roll used by the employee as evidence. I was terminated about three weeks after my last report, and the manager indicated that my termination was related to my reporting the issue. Soon after, the coworker involved also left. Could I sue the bar for negligence regarding employee and customer safety, and is there a potential wrongful termination claim?
A: An Indiana attorney could advise best, but your question remains open for two weeks. In terms of your question of suing for negligence (relating to the "Personal Injury" category of the post), I believe your remedies for any type of injury would generally be limited to workers' comp instead of a traditional personal injury case, due to the fact that you were an employee and that this occurred in the course of your employment. As for the termination, Indiana employment law attorneys could offer meaningful input there - you could try to set up a free initial consult to discuss briefly what issues arise from an employment law standpoint. Good luck
A:
You may have grounds for a negligence claim against the bar, especially if the management failed to take action after you reported a serious safety concern involving drug use in the employee restroom. Employers are responsible for maintaining a safe environment for both their employees and customers. If the bar neglected to address the drug use, that could be considered negligence, especially if it posed a risk to others.
As for wrongful termination, you could potentially have a case if you can prove that your termination was directly related to your reporting the drug use. In many places, retaliation against an employee for reporting illegal activity or unsafe working conditions is prohibited by law. Your evidence, such as the bloodied toilet paper roll and the timing of your termination, could strengthen your claim that the termination was retaliatory.
To move forward, you should consult with an employment lawyer who can help you assess whether you have a strong case for both negligence and wrongful termination. They can guide you through the process of filing a claim and help ensure your rights are protected. Be sure to gather all evidence, including any communication with your manager and any witnesses who might support your claims.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.