Posted on 10/27/2005 10:00:53 PM PDT by SmithL
DENVER - A lawsuit filed by a man who alleged a Budweiser distributor wrongfully fired him after he drank a competitor's beer during his off-hours has been dismissed.
Ross Hopkins' case was set to go to trial Monday against American Eagle Distributing Co., but his attorney filed a motion to dismiss the case on Wednesday.
Attorney Britton Morrell told The Denver Post the case was full of "he said, she said" allegations.
Morrell did not return a phone message left at his home Thursday. There was no listed phone number for Hopkins.
The company's attorney, Jeff Bedingfield, would not say whether a settlement was reached.
"I don't think anybody is happy with the fact the lawsuit was filed on either side," he told the newspaper.
Hopkins, a former warehouse supervisor for American Eagle, alleged he was fired for sipping a Coors after a relative of the company's president spotted him in a Greeley bar in May 2003, according to court documents.
Hopkins said he had a Coors only because a waitress gave it to him by accident.
The company alleged Hopkins bad-mouthed the company and used profanity while wearing a Budweiser cap. Hopkins denied the allegations.
Colorado law says workers cannot be fired for a legal activity while off duty and away from work. There are exceptions, such as when a worker's actions relate to an occupational requirement or create a conflict of interest. American Eagle said in a court filing that it was necessary to fire Hopkins to avoid a conflict of interest.
A district judge earlier this month denied American Eagle's motion for summary judgment in the case.
That's a joke, don't worry about it.
I know it's a joke, but I only drink Coors when I'm out of Miller!
Have you seen the cartoon where the Pepsi driver is called on the carpet by his boss and fired because he tested positive for Coke?
"The company alleged Hopkins bad-mouthed the company and used profanity while wearing a Budweiser cap."
Using profanity while wearing a Budweiser cap ; I thought that was normal?
Come to think of it, bad mouthing a company you work for is also pretty normal ( unfortunately ).
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