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http://www.wdwinfo.com/news/disneyl...er_Disneyland_s_Firing_of_Seven_Employees.htm
Judge Dismisses Lawsuit over Disneyland's Firing of Seven Employees
by Leah Zanolla
Sep 28, 2011
In mid-September, a federal judge dismissed a lawsuit brought by seven Disneyland horticultural employees who were fired for drinking beer and tequila in a Disney-sponsored vanpool van on their way home from work. Disney subsidizes a vanpool commuter program for its employees. Each employee who participates in the vanpool program must sign an agreement which requires, among other things, that they "refrain at all times while in the Van from the consumption of alcohol."
The employees' lawsuit alleged a number of different claims, all of which the judge rejected. Among the arguments rejected were that the employees had a protected right to drink on the way home. The court disagreed, holding that the Disney-sponsored van pool vehicle was not a "bus, taxicab, or limousine" under the limited exception to California's "open container" law, which bans open containers of alcohol in motor vehicles. The judge explained the employees' argument "ignores the basic right of private employers to prohibit certain conduct that the law doesn't. Here, Disney offers its employees the opportunity to participate in a subsidized rideshare program subject to certain conditions, like refraining from drinking alcohol. Plaintiffs violated this condition, and lost their jobs as a result."
In addition to firing the seven employees who later filed the lawsuit, Disney also fired the driver for not reporting that employees were drinking in the van. The employees' union declined to pursue arbitration on their behalf.
http://www.wdwinfo.com/news/disneyl...er_Disneyland_s_Firing_of_Seven_Employees.htm
Judge Dismisses Lawsuit over Disneyland's Firing of Seven Employees
by Leah Zanolla
Sep 28, 2011
In mid-September, a federal judge dismissed a lawsuit brought by seven Disneyland horticultural employees who were fired for drinking beer and tequila in a Disney-sponsored vanpool van on their way home from work. Disney subsidizes a vanpool commuter program for its employees. Each employee who participates in the vanpool program must sign an agreement which requires, among other things, that they "refrain at all times while in the Van from the consumption of alcohol."
The employees' lawsuit alleged a number of different claims, all of which the judge rejected. Among the arguments rejected were that the employees had a protected right to drink on the way home. The court disagreed, holding that the Disney-sponsored van pool vehicle was not a "bus, taxicab, or limousine" under the limited exception to California's "open container" law, which bans open containers of alcohol in motor vehicles. The judge explained the employees' argument "ignores the basic right of private employers to prohibit certain conduct that the law doesn't. Here, Disney offers its employees the opportunity to participate in a subsidized rideshare program subject to certain conditions, like refraining from drinking alcohol. Plaintiffs violated this condition, and lost their jobs as a result."
In addition to firing the seven employees who later filed the lawsuit, Disney also fired the driver for not reporting that employees were drinking in the van. The employees' union declined to pursue arbitration on their behalf.
