October 17, 2025
The terminated Burger King employees argued that what they do in their free time shouldn’t affect their employment.
The Superior Court of Justice of Catalonia in Barcelona, Spain, ruled in favor of Burger King, which fired employees for hosting a drinking party in a parking lot during the COVID-19 pandemic, Union Rayo reported.
The high court ruled in favor of the Home of the Whopper, which argued it had the right to terminate an employee because of activities they partake in off the clock. Judges said yes—when it impacts the company.
The activity in question took place during the height of the global pandemic when a group of Burger King employees engaged in what is known in Spain as a botellón—or a drinking gathering in the street—in the parking lot of a restaurant location.
The party resulted in the employees being fired. The group argued that what they do in their free time shouldn’t affect their employment. In the beginning of the legal proceedings, one judge said the employees should be charged with serious misconduct under Article 39 of the Hospitality Labor Agreement (ALEH). However, under Article 40.2 of the same agreement, such practices were not categorized as very serious misconduct (e.g., fraud, disloyalty, or abuse of trust).
Burger King said otherwise, terminating the employees because they couldn’t trust them anymore. The party was in violation of internal rules, causing economic damage and putting the company’s reputation in harm’s way.
During the COVID pandemic, Burger King says it enforced strict health measures that the employees in question were aware of, making the misconduct more serious. Ultimately, the high court sided with the restaurant in its July 25 ruling.
In the U.S., legal experts warn that what employees do off the clock could jeopardize their employment, regardless of their level. Most recently, a viral moment at a Coldplay concert cost two high-level employees their jobs.
According to The Gazette, the men’s basketball head coach of the University of Texas, Chris Beard, was fired following his arrest due to an alleged altercation with his fiancée. Even when she scaled back on the allegations, the the university proceeded with the termination process.
Attorney Wilford H. Stone recommends that the employer investigate and confirm all facts instead of relying on social media popularity or just unconfirmed gossip, which can lead to costly legal proceedings. Some states are “at-will,” including Florida, Arizona, Iowa, and Maryland, meaning workers can be fired for almost anything. However, that doesn’t mean an employer can’t be sued.
If contracts are in place, Stone recommends that both the employer and employee’s sides be reviewed thoroughly. Several lay out a definition of “cause” for termination, highlighting guidelines that must be contractually followed before a dismissal.
RELATED CONTENT: NABJ Meets With The Washington Post About Karen Attiah Termination
