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January 16, 2009

You can't fire me, I'm drunk!

Posted: 01:21 PM ET

Business Correspondent Jennifer Westhoven

ALT TEXT

Go ahead, what's the worst that can happen? It's not like you'll get fired.

Peru's top court has ruled that workers cannot be fired for being drunk on the job, according to reports. The Constitutional Tribunal ordered that the town of Chorrillos reinstate a street cleaner his job back! He was fired for excessive drinking.

The court sided with Pablo Cayo, saying he didn’t offend or hurt anyone. The janitor argued he was not drunk, he just smelled of alcohol, after attending a wake the night before.

Peru’s government is very upset about the ruling – saying it set sa dangerous precedent – imagine if drivers showed up drunk for work?

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Stephen Coney   January 16th, 2009 5:37 pm ET

Honestly, I don't think a pie-eyed janitor/street cleaner is a big problem. I mean if he vomits...there he is to clean up after himself.
However, the high court in Peru did step in it by not looking the bigger picture before ruling. Happens in U.S. courts all the time.

Writer Keith   January 17th, 2009 7:30 pm ET

Well then call me recession-proof!

hideaki nagano   January 17th, 2009 10:47 pm ET

drinking is not cute.
huge spider is not good.
so what do you drink?

Gregg in Tahoe City CA   January 19th, 2009 7:45 am ET

Good excuse Pablo...though being a janitor really does'nt effect the safety of others...Peru will in for a big can of hangovers...it's a problem here in the U.S. though many folks just don't get caught..ie breath aids and eye drops....danger, danger Will Robinson....

James   January 19th, 2009 8:28 am ET

What the hell ! He is having to clean up after people anyway , I 't wouldn't
hurt to kill the sent of the night before with what you are looking at . The
people out there that don't under stand that are to secure in there little world. You can't knock it unless you have been there.

Molly   January 20th, 2009 7:20 am ET

This whole thing is just crazy. Why on earth would someone show up drunk to work anyway...you cannot get the job done, or done right for that matter. Think about what you are doing... I mean, really...street cleaner, driver, restaurant worker, etc, no one should show up drunk for work because that is just plain dumb. He should not have gotten his job back...he could danger his own life, including others, especially working in the streets...people have to now be more cautious since he may show up to work drunk again considering they let him slide and sided with him. That is just plain stupid!

Vickie in Montana   January 20th, 2009 11:16 am ET

HeHe, I was a bartender for 18 years and believe me its alot easier being drunk around a bunch of drunks. A few beers while i was working made it much more fun. I guess i'm just one of the "stupid" ones Molly

Richard in Mobile   January 21st, 2009 6:07 pm ET

In a job like street cleaning, who really cares if he was drunk. It does not take a whole ton of brain power to sweep a street. In my opinion, the job prob sucked so bad, the only way to make it through the day was to be wasted!

Brian Douglas   January 22nd, 2009 8:01 am ET

Can't get fired for being drunk, pulease! What's next, being high, or incompetant?

Lynn Meoli   January 24th, 2009 12:39 pm ET

My husband and son are drug screeners. They routinely catch doctors, bus and train drivers, as well as every day Joe, drunk on the job. Welfare recipients should be subjected to random screenings (I work at a grocer that accepts food stamps) I, for one, would rather pay for their rehab than their food and housing every month. Doesn't that make sense???

mycasu   January 26th, 2009 5:55 pm ET

I Think that is Crazy! No one should be able to go to work after drinking or doing anything else that hinders or slows down their thinking. If a person really wants their job, he or she will do what it takes to keep it. Coming to work smelling like alcohol is not a good look. How can you smell like alcohol just from being around it. Was the alcohol that strong? That's a new one to me.

Lauro Silva-Brazil   January 26th, 2009 9:52 pm ET

To give the street cleaner the sack for being drunk was an exaggerated measure indeed. After being sure he was really drunk, he should at most get some punishment rather than being fired. I don´t believe the case would open precedence for others.As a precaution, laborers, in general, should specifically know in advance the score on the rules ,under which, their work has to be done.In my point of view, the Court made the right decision.

martin   January 28th, 2009 6:48 am ET

Good morning
I would like yo know how we can loan BILLIONS to our banks, and yet intrest rates on credit cards keep going up.

At what point would this be double dipping or mabey loan sharking??.

Thank You

Martin

Colorado

deerhunter50   January 28th, 2009 7:23 am ET

i belive after the shock wears off people will go back to basic of live enjoying the simple things again

Debbie   January 28th, 2009 10:13 am ET

Drinking at work is despicable......it's a trickle down effect....car accidents, safety hazards...what if those healthcare workers were drunk while attempting to save your life.....etc....

Istockapotamus   January 28th, 2009 4:47 pm ET

That's what I'm talking about. I got my 40 at work right now. This is for you, Señor Cayo.

wendy   February 2nd, 2009 10:51 am ET

Wow, I guess this happens frequently everywhere? I mean I was looking at all of these comments and thought about all of my friends' stories. A bunch of them have shown up to work hungover. Technically, you're still drunk cause you've STILL got all of that alcohol in your system. Then there's people that throw a little something in their coffee... How do you catch those guys? This is a little scaa-rry!

Bob   February 2nd, 2009 6:10 pm ET

pffft i'm surprised i have never been fired from a job, and i usually show up to work drunk and high all the time

Hank Bohenstengel   February 3rd, 2009 9:11 am ET

I agree with Jen that cutting the cobra cost of insurance may be a good thing. The thing that isn't being considered here is even if you cut a $1,000.00 a month cost to $350.00 a month and you have lost your job the money isn't there to even pay that. Unemployment is about 50% of what you were making and you can't live on that when you have a mortgage, utilities, food, clothing and a families other costs to pay for.

ken wilkie   February 4th, 2009 7:22 am ET

me two!!!!!!!!!

Duane Beeman   February 5th, 2009 11:46 am ET

How can you fire a person for being drunk? Alcoholism is a sickness like the flu or sore throat and you would not fire a person for having the flu.

Fa

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