Can Workers Be Fired for Work Restrictions or an Injury?

Have you been injured at work or developed a medical condition that prevents you from performing your job duties as usual? You may be wondering “Can I Be Fired for Work Restrictions?”

Generally, employers cannot fire an employee due to work restrictions due to a workplace injury. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities, including work restrictions. 

However, if your injury was not work-related, your employer may not be required to offer modified duty. And if your injury is such that re-injury is possible, they may want to limit their liability by not offering reasonable accommodations. As if you got re-injured from an initial non-work related injury, all costs associated with the injury could now fall to the employer.

But it depends on the laws in your state.

Some states have more stringent protections for employees with disabilities than others. Finally, it depends on your employer’s ability to accommodate you. If your employer is a small business with limited resources, it may be more difficult for them to accommodate you than a large corporation.

And all that being said, if you are in violation of other unrelated policies (tardiness, etc.) you could be terminated for that regardless of your work restrictions.

Injured female employee working in the office

Do Employees Have a Right to Work Restrictions?

Employee rights, including right-to-work restrictions, are essential in labor laws. This concerns whether employers can limit an employee’s future employment, particularly after they depart.

Non-compete clauses prevent employees from joining competitors or launching similar businesses for a set period post-departure. These aim to safeguard a company’s proprietary data, trade secrets, and client ties.

However, the validity of these clauses differs by region. Some areas might uphold a clause preventing an employee from joining a nearby competitor for six months. Yet, a five-year, nationwide restriction could be seen as excessive.

In certain regions, non-compete clauses face scrutiny and may be unenforceable unless they adhere to strict standards. The main issue is they might unjustly restrict an individual’s career prospects.

Additionally, employees with medical conditions or disabilities are entitled to work accommodations. Employers should offer suitable adjustments to help these employees, unless it causes significant business disruption.

Can an Employee Get Compensated if They Get Fired for Work Restrictions?

Work restrictions, often due to medical conditions or disabilities, can complicate employment. When an employee faces termination because of these restrictions, concerns about legality and compensation emerge.

Labor laws in many areas protect employees from discrimination, including that based on disabilities. Employers are typically required to offer “reasonable accommodations” to such employees unless it causes significant business disruption. For example, refusing an ergonomic chair for an employee with a back issue and then firing them might be illegal.

If an employee can’t perform even with accommodations, the employer may have grounds for termination. Yet, they must demonstrate that all accommodations were explored and the employee’s restrictions genuinely hindered their role.

If wrongfully terminated, an employee could be entitled to back pay, reinstatement, emotional distress compensation, and possibly punitive damages. The employer might also cover legal costs. However, if the termination is lawful, the employee may still receive standard severance, based on their contract and local laws.

Both parties should understand their rights in these scenarios. Seeking advice from legal or labor experts ensures decisions are ethically and legally sound.

What is Wrongful Termination?

Wrongful termination refers to when an employee is dismissed from their job for illegal reasons or in violation of employment agreements.

This can encompass a range of circumstances, from firing due to discriminatory reasons such as race, gender, age, or disability, to retaliation for whistleblowing or asserting one’s rights, like requesting medical leave.

Additionally, if an employer doesn’t adhere to their own established termination procedures or violates terms set out in an employment contract, it can also be grounds for a wrongful termination claim.

It’s crucial for both employers and employees to be well-versed in local labor laws and any contractual obligations. Employees who believe they’ve been wrongfully terminated may be entitled to remedies, including compensation or reinstatement.

Conversely, employers found guilty of wrongful termination can face legal repercussions and damage to their reputation.

Wrongful Termination Based on Discrimination

Wrongful termination based on discrimination happens when an employee’s dismissal is rooted in biases against specific attributes. These attributes include:

  • Race
  • Gender
  • Age
  • Disability
  • Religion
  • Sexual Orientation
  • National Origin
  • Pregnancy

Such dismissals are not only unethical but also illegal in many jurisdictions. Discriminatory firings go against the principle of equal opportunity in the workplace.

Victims can seek legal remedies, including compensation and reinstatement. Conversely, guilty employers may face penalties, legal consequences, and significant reputational harm. Ensuring a bias-free workplace is crucial for businesses to maintain trust and integrity.

How Do You Prove Wrongful Termination?

Proving wrongful termination requires gathering substantial evidence to demonstrate the dismissal was unjust or illegal. Key steps include:

  • Document Everything: Maintain records of all communications, performance reviews, and any incidents leading up to the termination.
  • Witness Statements: Colleagues or supervisors who can attest to the circumstances can be invaluable.
  • Employment Contract: Highlight any breached terms or conditions.
  • Company Policies: Compare the termination process with the company’s established procedures.
  • Legal Counsel: Engage an employment attorney to guide the process and ensure all relevant evidence is presented. By methodically building a case, employees can effectively challenge and potentially reverse unjust terminations.

Can You Be Fired Without Notice?

In many states, employment is considered “at-will,” meaning either the employer or the employee can end the employment relationship at any time, for any reason, with or without notice.

However, even in “at-will” jurisdictions, there are exceptions. Employers cannot terminate employees for discriminatory reasons, in retaliation for whistleblowing, or for exercising their legal rights, such as taking medical leave.

On the other hand, some employment contracts stipulate a notice period, which mandates that either party wishing to terminate the relationship must provide advance notice, often ranging from a few weeks to several months. If an employer breaches this term, they might be liable for damages, typically equivalent to the wages the employee would have earned during the notice period.

There are also scenarios where immediate dismissal is deemed appropriate, often termed “for cause” terminations. These can arise from severe misconduct, such as theft, fraud, harassment, or other actions that breach the trust and terms of employment. In such cases, the employer may be within their rights to terminate the employee without notice.

It’s also worth noting that, in some cases, instead of providing notice, employers offer severance pay, a lump sum given to employees upon termination. This is especially common in layoffs or when the company wants to mitigate the risk of potential legal disputes.

Can You Be Fired If You Are a Contracted Worker Rather Than an Actual Employee? 

Contracted workers, often referred to as independent contractors, operate under different parameters than regular employees, and this affects the terms of their termination.

For traditional employees, protections often come from labor laws, company policies, and employment contracts. They might be entitled to benefits, severance pay, or notice periods. However, independent contractors typically don’t enjoy these same protections.

Their working relationship is governed by the terms of the contract they’ve entered into with the hiring entity.

The contract dictates the terms of the working relationship, including the grounds and process for termination. If either party wishes to end the contract, they must adhere to the stipulations laid out in that agreement. Breaching these terms can lead to legal consequences, often involving compensation for the aggrieved party.

However, it’s essential to note that just because someone is labeled an “independent contractor” doesn’t mean they are legally recognized as such.

In some cases, employers misclassify workers to avoid providing benefits or other protections. If a so-called contractor works exclusively for one company, uses company equipment, and operates under company supervision, they might legally be considered an employee, regardless of their official title.

If an independent contractor feels they’ve been wrongfully terminated or that their contract has been breached, they should review the terms of their agreement. Legal recourse might be available, especially if the hiring entity didn’t adhere to the contract’s terms.

What Should Someone Do If They Are Wrongfully Terminated?

First, it’s essential to remain calm and professional, even if the situation is emotionally charged. Avoid confrontations or burning bridges, as this can complicate matters later.

Next, gather all relevant documentation.

This includes employment contracts, performance reviews, email correspondence, and any other records that might shed light on the reason for termination. These documents can serve as evidence if legal action becomes necessary.

It’s also wise to consult with colleagues or supervisors who might be willing to provide witness statements or attest to the circumstances of the termination. Their insights can be invaluable in building a case.

Seeking legal counsel is often a prudent step. An employment attorney can provide guidance on the viability of a wrongful termination claim, potential remedies, and the best course of action. They can also help navigate the complexities of labor laws and ensure all relevant evidence is presented effectively.

Lastly, consider filing a complaint with the appropriate labor board or agency in your jurisdiction. They can investigate the claim, mediate between parties, and, if necessary, impose penalties on employers found guilty of wrongful termination.

Can You Sue Your Employer Over Wrongful Termination?

Yes, you can sue your employer over wrongful termination.

If you believe you’ve been dismissed from your job for illegal reasons or in violation of employment agreements, legal recourse is available. The foundation for such a lawsuit often rests on proving that the termination was discriminatory, retaliatory, or breached an employment contract.

Discriminatory reasons can include firing based on race, gender, age, disability, religion, or other protected categories. Retaliation might involve dismissal after whistleblowing or asserting workplace rights.

Before initiating a lawsuit, it’s essential to gather all pertinent documentation, such as employment contracts, performance reviews, and any correspondence related to the termination. This evidence can strengthen your case.

Consulting with an employment attorney is crucial. They can assess the merits of your case, guide you through the legal process, and represent you in court. Additionally, there might be prerequisites before filing a lawsuit, like lodging a complaint with a labor board or agency.

If successful, remedies can range from reinstatement and back pay to compensatory damages for emotional distress. However, it’s worth noting that legal proceedings can be lengthy and costly, so weighing the potential benefits against the costs is vital.

Can You Collect Unemployment Benefits If You Get Fired?

If you get fired, collecting unemployment benefits isn’t automatically a given.

Eligibility hinges on the circumstances of the termination. Generally, if you’re let go due to reasons beyond your control, like company downsizing or layoffs, you’re likely eligible for unemployment benefits. However, if the termination is “for cause,” such as misconduct or violation of company policies, you might be disqualified from receiving these benefits.

And that is true even if you were also on modified duty due to a work injury.

The specific criteria for eligibility vary by state or jurisdiction. Typically, the unemployment agency will assess the reason for termination, ensuring it wasn’t due to a fault of the employee. If an employer challenges your claim, stating you were fired for cause, the agency might investigate further, potentially seeking statements from both you and the employer.

It’s essential to apply for unemployment benefits promptly after termination and provide accurate information. Misrepresentation can lead to denial of benefits or even legal consequences. If denied, most jurisdictions offer an appeals process, allowing you to challenge the decision.

If You Are Suing Your Employer for Wrongful Termination, Can You Work Somewhere Else?

Certainly, if you’re suing your employer for wrongful termination, you’re not barred from seeking employment elsewhere.

In fact, many legal systems encourage individuals to mitigate their damages, which means actively looking for a new job to offset the lost wages from the termination. If you secure a new position, it doesn’t invalidate your claim against your former employer.

However, any income you earn from the new job might be considered when calculating potential damages, especially if you’re seeking lost wages. For instance, if you were unemployed for three months but then found a new job at a similar pay rate, you might be entitled to three months of lost wages from your former employer.

It’s also worth noting that being proactive in seeking new employment can reflect positively on you during legal proceedings. It demonstrates a commitment to mitigating damages and moving forward.

Always keep detailed records of your job search efforts and any employment offers or rejections. This documentation can be crucial if your former employer challenges the extent of your claimed damages.

Final Thoughts

The matter of whether one can be fired for work restrictions is a multifaceted issue that depends on several factors.

As we’ve explored, employers are not universally bound to provide light-duty work for employees with restrictions, especially if those restrictions stem from non-work-related injuries. However, when such accommodations are offered, it’s imperative that both parties act in good faith to facilitate a smooth transition.

While the prospect of returning to work under restrictions may seem daunting, it’s crucial to heed the advice of medical professionals to avoid exacerbating injuries. Your health and well-being should always be a top priority.

In cases where work restrictions are linked to a prior work-related injury, the situation becomes more intricate. Employers must tread carefully to avoid potential liabilities, and seeking legal counsel might be your best course of action to ensure your rights and entitlements are upheld.

Remember, navigating the realm of worker’s compensation and employment law can be complex. It’s advisable not to go it alone. Consulting with an experienced attorney can provide invaluable guidance and potentially unlock additional benefits you may be entitled to.

In situations involving non-work-related injuries, filing for unemployment while you recover and search for a new job is often the most practical option. Ultimately, understanding your rights and responsibilities is essential, and seeking professional advice when needed can help you navigate this challenging terrain with confidence and clarity.

Frequently Asked Questions

Can you be fired while on light duty?

Employees can be legally terminated while on light duty if the reasons are valid, such as poor performance, rule violations, or excessive absenteeism.

Employers aren’t obligated to provide light-duty work, which may not be feasible in some cases, like when a person’s injury prevents any work in another department. Both parties must act in good faith when offered, and employees can’t misuse restrictions to avoid responsibilities or hinder productivity.

However, there might be cases where employers act in bad faith, using strenuous light-duty tasks as a pretext for termination. In at-will employment states, it’s challenging to prove employer wrongdoing, as they can terminate for any reason.

Do you think one can get fired for gossiping at work?

The answer might surprise you. Check it out in a recent article of mine. While gossip may seem harmless, it can absolutely get you fired under certain circumstances.

Just click the link to read it on my site.

What happens if my employer cannot accommodate my work restrictions?

Employers should, but aren’t obligated to, accommodate non-work-related restrictions.

Some may offer light-duty work, guided by your doctor’s advice to avoid exacerbating injuries. Staying home to recover and collecting temporary disability benefits might be safer.

If a work injury recurs due to employer negligence, it becomes a work-related issue.

In such cases, consult an attorney for tailored guidance on complex workers’ compensation matters. Worker’s compensation law is intricate, and legal support is crucial.

For non-work-related injuries, filing for unemployment while healing and job hunting is the primary option.

But, unemployment benefits are primarily to compensate an employee for being unfairly terminated or laid off. A non-work injury that an employer could not or would not offer modified duty for is unlikely to get unemployment benefits approved.

Can I be fired while on workers’ compensation?

One can be fired while on workers’ compensation. However, it cannot be related to the workers’ compensation claim. The employer would have to prove the termination was due to poor work performance or a policy violation unrelated to the injury.

And, in “at-will” states, one’s employment can be terminated for any reason. But when in doubt about your workers’ compensation benefits, always consult a workers’ compensation attorney.

Consider that the following are valid reasons why you could get the pink slip even while your worker’s comp claim is on.

  • Poor work performance
  • Company financial problems
  • Company restructuring
  • Any other legal reason

So, while an employer can’t terminate your employment because you made a workers compensation claim, they can terminate your employment during your worker’s compensation claim.

Just as you can decide to resign from your job at any time and for any reason. In “at-will” states, the employer can also terminate your employment for any legal reason or no reason at all.

So, can an employee with a bad attitude be fired?

In a recent article, I explained that they can, and I outlined exactly how employers do it and what red flags they look for. Just click the link to read it on my site.

What is considered a disability under the EEOC?

According to the EEOC, a person has a disability if they can show that they have a physical or mental condition that substantially limits activities such as walking, seeing, hearing, learning, or the operation of a bodily function.

(source)

The EEOC stands for Equal Employment Opportunity Commission. It also includes having a history of a disability such as cancer that is in remission or an adverse employment action resulting in a physical or mental impairment lasting or expected to last 6 months or less.

A key point to note is that the impairment must be substantial, it can’t be minor.

To be considered as a disability, you must have a record of or be regarded as having such physical or mental impairment that limits a major life activity.

The ADA also covers situations where the impairment is perceived by others. As you know, a mental impairment may not easily be perceived by the one who has it. On its website, COVID-19 is recognized as a disability that an employer may be required to make accommodations for.

Are there circumstances where an employee can be fired over the phone?

Check out a recent article of mine to find out the answer. While it’s never ideal for an employer to handle any disciplinary actions over the phone or via email, there’s 1 time where it’s unavoidable.

Just click the link to read it on my site.

Of course, the EEOC protects a wide variety of conditions such as:

  • An individual’s race
  • color
  • National origin
  • Religion
  • Sex (including sexual orientation, pregnancy, and gender identity)
  • Age
  • Disability
  • Genetic information

Can the Medical Leave Act prevent an employer from firing an injured worker?

The Family and Medical Leave Act of 1993 comes from the U.S. Department of Labor.

It allows “eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.” (source)

Of the list of eligible reasons, the one that relates to an outside of work injury is: “a serious health condition that makes the employee unable to perform the essential functions of his or her job”.

Now it’s important to note that the law says “health condition” and not “injury”.

Still an employer may grant it, even if it’s not exactly a medical condition. The leave allows for up to 12 weeks of unpaid leave. At the end of those 12 weeks, you would have to return to work or be fired unless other additional leave options are available.

But it’s also important to point out that not every employer is a “covered employer”.

Those specific reasons are:

  • The employer has 50 or more employees within a 75-mile radius
  • You have to have worked for the employer for at least 12 months (so if it’s a new job, you aren’t covered)
  • You have to have worked at least 1250 hours in those 12 months

When in doubt, talk to the HR department at your place of employment.

How does the disabilities act help injured workers?

This refers to the Americans with Disabilities Act of 1990. Essentially, it was created to prevent employers from discriminating against employees with specific disabilities.

Who exactly is covered under the ADA?

a person who has a physical or mental impairment that substantially limits major life activities; has a record of such an impairment; or is regarded as having such an impairment. Major life activities mean functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” (source)

So what does that mean exactly?

Really it means if you have a minor and temporary injury that limits your ability to do certain tasks right now, you probably aren’t covered under the ADA.

But always check with a labor law attorney or the HR department at your employer’s office to verify. I am not a lawyer nor am I an HR professional.

Do employees’ rights change in a labor union?

Yes. You may have different rights if you are part of a labor union and that labor union has a collective bargaining agreement with your employer.

In that case, there may be specific agreements outside of Federal or local governments that dictate what happens when an employee is injured outside of the workplace and is not able to completely fulfill the job duties of their normal position.

In these cases, always consult with your union rep for clarification.


I need to state that while I have decades of experience hiring, firing, and leading thousands of people, I am not a labor law attorney, nor am I qualified to offer professional or legal advice. I am also not familiar with the laws in every state and country. If you need professional or legal advice, you should seek out a qualified individual in your area.

Can DoorDash Deliver Cigarettes?

As you probably know, your fave meals can be ordered with DoorDash, and even groceries and liquor. But can DoorDash deliver cigarettes? 

DoorDash can deliver cigarettes. But, certain conditions have to be met before they will. For example, they require an in-person delivery, and an ID is required to prove the recipient is at or over 21.

Because this is an age-restricted product, DoorDash or the Dasher could be held liable in some cases. Also, DoorDash allows dashers to decline orders for cigs if the Dasher is unwilling or not old enough to purchase them.

In this article, we’ll explore some vital issues around whether DoorDash can deliver cigarettes.

We’ll check out how to order cigarettes from DoorDash, whether Walmart delivers cigarettes with DoorDash, and if DoorDash would leave cigarettes by your door. We’ll also find out if Dashers check IDs and if they have to be over 21 to deliver cigarettes.

Let’s dive right in…

DoorDash deliver cigarettes lg

How do I order cigarettes from DoorDash?

Order cigarettes from DoorDash using its app or website. Click on special order types. Then, you can order cigarettes, alcohol, pharmaceuticals, and related products for which preconditions need to be met. 

Before the dasher would deliver your order, they would check your ID to confirm that you are at least 21. 

So, you’re 21 above? Great. But, that doesn’t mean you would automatically have your order delivered. Why? Well, DoorDash prohibits the delivery of cigarettes to the following locations:

  • Other businesses that sell tobacco
  • Locker or similar package storage facility
  • P.O. Boxes
  • Prison, reformatory, veteran’s home, or state capitol grounds
  • College campus (e.g. frat house)
  • Sport venues
  • Hospitals and health care facilities
  • Public or private school

By the way, you may not be able to order cigarettes in every state, even if the conditions shared above have been met. Some states do not allow it. So, double-check with DoorDash.

Does Instacart Deliver Cigarettes? 

As of the time of writing, they do not. In fact, they do not deliver any tobacco products. But, they’ve recently started delivering alcohol, so it’s possible that would change in the near- future. In a recent article of mine, I shared more details on the theme.

Just click the link to read it on my site.

Does Walmart deliver cigarettes with DoorDash?

Walmart delivers cigarettes with DoorDash. However, this is not available in all states. As of the time of writing, they deliver in 46 states. Therefore, you would need to confirm what is the status concerning the state where you reside.

The partnership with DoorDash started in 2018. 

As of the end of 2019, Walmart offered grocery pick-up at more than 3000 stores and delivery at more than 1900. By the way, pick-up is free. Their goal is to make shopping at Walmart the easiest and most valuable place to shop.

But, they do not offer delivery services in the following places.

  • Alaska
  • Hawaii
  • Maine
  • Vermont

This will likely change in the near future.

Will DoorDash leave cigarettes at my door?

DoorDash will not leave cigarettes at the door. This is because the law requires that the buyer’s ID must be verified to confirm that they are at least 21 before they can collect their orders and that the buyer cannot be inebriated when the purchase is being delivered. 

There are also certain restricted locations. DoorDash would not leave cigarettes at your door.

Cigarettes, alcohol, pharmaceuticals… are special orders. Unlike regular products, certain conditions have to be met before you can order them online and have them delivered. 

Cigarettes are not to be sold to minors. 

Dashers can be held liable if they were to sell cigarettes to anyone who is below the age of 21. So, no Dasher would agree to simply leave your cigs by your door.

Do DoorDash drivers check ID for cigarettes?

Dashers do check IDs to confirm that the buyer is indeed up to 21, and they would use a relevant technology on their smartphone to verify that the ID is valid and has not expired. Upon delivery, they will ask to see the credit card used for the purchase and your ID.

The law stipulates that when an order contains a tobacco product, the person delivering must confirm that the buyer is not a minor. If Dashers deliver to minors or folks that are visibly drunk, they could be held liable. 

It’s not just that they check IDs; they also make sure it’s a valid ID, the type that’s approved by the government. 

They would ask that you hand over the ID. Amongst other things, it must include a photo and your date of birth. They would check it and compare its photo to you, the customer.

There are some other criteria that DoorDash provides to enable dashers to confirm that the ID is genuine and has not expired.

DoorDash allows Dashers to also use their discretion. 

So, even if you’ve ostensibly met the requirements, if a Dasher is convinced it’s not reasonable to deliver to you, they won’t. In other words, whether you’ll get your cigs or not depends on the Dasher.

Does DoorDash deliver alcohol?

Yes, they do. But, some restaurants do not allow it, while others may require a food purchase, too. In a recent article of mine, I offered the full story.

Just click the link to read it on my site.

Do DoorDash drivers have to be over 21 to deliver cigarettes?

Dashers must be 21 or older to pick up and deliver cigarettes because tobacco orders are for 21+. Therefore, dashers need a valid ID to pick up the cigarettes, as it would be checked before they are allowed to go ahead and deliver them to customers.

In DoorDash’s policy on delivering tobacco, the age requirement is specifically stated.

“Tobacco orders are for 21+. To pick up an order including tobacco products, you will be required to present your valid driver’s license, so please make sure you have it on you before accepting the order. Dashers must be 21 or older to deliver tobacco.”

Is Instacart and DoorDash the same company?

No. Instacart was founded by a former Amazon employee Apoorva Mehta, while DoorDash was founded by Tony Xu, Andy Fang, and Stanley Tang. Check out a recent article of mine where I share a lot more.

Just click the link to read it on my site.

Conclusion

In the article, we focused on whether DoorDash can deliver cigarettes

We learned that it does deliver cigarettes, in certain states, provided that certain conditions are met. 

We learned that one could order cigarettes via DoorDash’s app or website and that dashers (who have to be at least 21) would not leave the order at the door because they are required to check that buyers have a valid ID and are at least 21. 

They also need to confirm that the buyer is not visibly drunk.

They have the prerogative to hand it over or refuse even if a buyer has an ID and is up to 21. And they check that buyers meet these conditions. If they don’t, they could be held liable.

Can’t wait for a delivery and think you’ll grab some smokes at TJ’s? Does Trader Joes even sell tobacco products in its stores?

The answer I give in a recent article might surprise you. That’s especially considering that the brothers who started Trader Joe’s and Aldi had a huge falling out over selling cigarettes.

Just click that link to read it on my site.


Photo which requires attribution:

A Street Scene on Granville Street, Downtown, Vancouver during coronavirus pandemic by GoToVan is licensed under CC2.0 and was cropped, edited, and had a graphic and text overlay added.

Can Grocery Delivery Drivers Carry Guns?

It’s not always a safe world out there. And with more and more people ordering groceries online for delivery, that can open up some risk for both a driver or the person receiving the groceries. That led me to wonder, can grocery delivery drivers carry guns?

A delivery driver with a legally purchased and registered firearm can carry a gun on their person or in the car if they have either an open carry permit or a concealed carry permit. However, certain employers, such as Instacart, may have rules prohibiting their drivers from carrying guns while working.

But, of course, the laws do vary somewhat from state to state in addition to rules laid down by employers.

Is it safe to allow delivery drivers into one’s home? Or should you simply ask them to leave your groceries by the door? Is being a delivery driver a risky occupation?

These questions and similar ones are what we’ll address in the next few minutes. In this article, we’ll look at the facts about whether grocery delivery drivers can carry Guns.

Let’s dive right in…

Can Grocery Delivery Drivers Carry Guns lg

Ready to apply with Instacart and see how much you could make?

CLICK HERE to fill out your application now on the Instacart website!

Can Instacart Shoppers carry guns?

Instacart’s Independent Contractor Agreement has no mention of firearms, making it acceptable for Shoppers who are independent contractors to carry a gun with the appropriate permits for the city and state they reside in.

(source)

I was unable to verify Instacart’s policies for Shoppers who are part-time employees or even full-time employees. Independent contractors don’t actually work for Instacart.

They work for themselves, and Instacart pays them via a 1099 form rather than a W2 at the end of the year. Independent contractors tend to have greater flexibility but less job security and certainly no benefits.

Originally all Instacart Shoppers (both drivers and in-store shoppers for pickup) were independent contractors.

But, after a lot of criticism, there has been a push by Instacart to transition a certain percentage of drivers over to part-time employees.

But whether an independent contractor or an actual employee, are you allowed by Instacart to rate customers?

I explored the issue in a recent article of mine. After all, customers can rate Insta employees, so it seems only fair the same could be done in return. That way, other drivers know to avoid someone creepy or pervy. But can they?

To find out more, click the link to read the article on my site.

Can DoorDash drivers carry guns?

DoorDash does not have a posted policy preventing Dasher delivery drivers from legally carrying weapons such as guns. However, Dashers still need to legally own, register, have the appropriate permits, and follow posted rules when entering a delivery business.

Some restaurants or grocery stores may prohibit firearms on the premises. So, you’ll need to pay attention to that.

Even in some states where you’re allowed to carry, you’re not allowed to have your weapon on you in some places, such as schools.

Walmart is one of the giants in the grocery sector.

You might be curious if DoorDash handles delivery for the superstore. That’s the theme of a recent article of mine. After all, Instacart charges a huge markup on some store’s prices. Walmart being known for low prices might be better with DoorDash.

Just click the link to read it on my site.

Can Amazon delivery drivers carry guns?

Amazon explicitly forbids delivery drivers from carrying guns while making deliveries except where local law prohibits an employer from placing this restriction. This applies to both Amazon Fresh drivers as well as regular delivery drivers for Amazon.

So essentially, if your local city says it’s OK, and you legally own the weapon and have the necessary permits, Amazon can’t tell you otherwise.

So you’ll have to check the laws where you live to be certain.

But when in doubt, avoid carrying a gun while driving for Amazon, as it could cost you your job if they see it or a customer reports seeing one.

The ban, as we’ve seen, is not unique to Amazon. Other companies such as Instacart do not allow delivery drivers to carry guns.

On the whole, delivering groceries is a safe gig. What are some benefits that come with delivering for Instacart? That’s what I explored in a recent article of mine. Is it really a good gig?

Just click the link to read it on my site.

Is it safe to let a delivery driver into my house?

It is generally safe to allow delivery drivers into your home. Drivers for all the major delivery companies go through strict background checks. This eliminates those with felony convictions for violent crimes or sex offenses.

So, yes, it is safe, although nothing is 100% safe.

We all know that human beings can be unpredictable, and it’s impossible to eliminate all risks in our interactions. But it’s actually safe to have delivery drivers in your home. Before they are engaged, they have to undergo and pass background checks.

For example, Instacart checks an applicant’s criminal history (of course, this is done in line with the applicable Federal, State, or Local laws). It checks driving records, too.

The company ensures it has the applicant’s consent before these checks are conducted.

So, they’re not just random folks being sent to people’s homes. These are people who have been screened. And Instacart knows exactly where their drivers go at all times while they are working.

Other companies that engage delivery drivers perform similar checks.

How many grocery delivery drivers die each year?

About 500 delivery drivers die each year in the United States. However, the majority of those deaths are due to car accidents and not violent crimes.

While grocery delivery is relatively safe, the reality is that it’s risky when compared to some other jobs. 

Now and then, grocery delivery drivers are attacked or even murdered. This, of course, is one of the reasons many wonder if it’s okay to conceal and carry.

It’s actually shocking when one considers the incidents of homicides.

Little wonder delivery driving is ranked no. 7 on a survey by USA Today. 80% of these are due to accidents. Enterprise News in a report ranked food delivery as one of the most dangerous jobs. The Bureau of Labor Statistics rated food delivery as the 8th most dangerous job.

It’s sad, but as the stats reveal, hundreds of grocery delivery drivers are killed each year.

Sonya King, a DoorDash delivery person, almost lost her life once when she was attacked from behind.

She struggled until she used her car keys to hurt the assailant or his face and head. There are similar cases, but as we’ve seen above, not everyone’s lucky to escape.

Conclusion

In the preceding paragraphs, we looked at whether it’s okay for Instacart shoppers, Doordash delivery drivers, and Amazon delivery drivers to carry guns.

We observed that, as in most cases, it’s the law that’s the judge more than the employer, especially for independent contractors.

Are you considering working for Instacart but are worried about how that could impact your unemployment benefits you’re getting from your last job?

If so, then you need to read a recent article of mine where I explored the theme. After all, a lot of people seek out jobs like Instacart after getting laid off by a more traditional employer. But if you’re getting paid unemployment, can you take a part-time GIG job?

Just click the link to read it on my site.

Ready to apply with Instacart and see how much you could make?

CLICK HERE to fill out your application now on the Instacart website!


Photos that require attribution:

IMG_9962 by Elvert Barnes, concealed-carry-holsters by 22860, and Publix Instacart Curbside Pickup West Miami by Phillip Pessar are licensed under CC2.0 and were cropped, edited, color adjusted, merged with a text overlay added.

Can I Sue a Grocery Store for Selling Expired Food?

It can be really frustrating when you bring home your groceries only to realize that your canned corn is past the expiration date. Or worse yet, your milk or orange juice. But if you got sick from spoiled food, you may have asked the question, can I sue a grocery store for selling expired food?

Yes, you can sue a grocery store for selling expired food. But, unless it led to injury or illness & significant expenses, or losses, it may be hard to find a lawyer willing to take the case. You can file yourself in small claims court, but in most cases, you’ll be better off just returning the item & getting a refund.

But that’s just a quick answer. In this article, we’re diving deep into grocery stores, expired foods, and the rights shoppers have.

So what can you do about a grocery store that consistently sells expired food?

Can you sue them? What happens when a store sells out-of-date food? Do they get penalized somehow?

We’ll answer all of these questions and more.

Just keep reading!

Can you sue Walmart for selling expired food?

It depends.

If you bought food from Walmart and it somehow injured you because it was expired, you can sue. If you chipped a tooth, for example, on old hard candy, then you can sue.

Or if you drank milk that was out of date and it made you sick, then you can sue.

Unfortunately, you can sue people for just about anything. But the question shouldn’t be whether you can sue. It should be whether you can find a lawyer that will assist you.

Lawsuits are very expensive, and if you don’t have enough in damages to cover the costs, it won’t be worth it for an attorney to take your case.

So if you chipped a tooth and have a $200 dentist bill, an attorney likely won’t take your case. But if you ate a can of old corn and spent several days in the hospital, racking up tens of thousands of dollars in hospital bills, they are more likely to take the case.

That’s because the damages, meaning the monetary expenses you are on the hook for, are higher.

However, if you chipped a tooth on candy that was out of date, and you want to file a claim, you can. You can either do it through small claims court, or you can reach out to Walmart directly.

Every state’s small claims courts run differently, so if you choose to go that route, you should call your local court to find out the process.

But if you want to contact Walmart directly to notify them of the incident, save your receipt, remaining product, and the packaging.

You should also see a dentist, and keep any bills related to the incident. It may even be helpful to have your dentist write up something about the extent of the damage and whether you’ll need additional care.

Walmart may settle with you if you have the needed proof to support your claim, but it probably wouldn’t be feasible to litigate your case. (source)

What happens if a supermarket sells out of date food?

Unfortunately, most out food date food ends up in the landfill.

Food that is either close to the expiration date or no longer at peak quality is unfit to sell. This is regardless of whether it has met its expiration date.

Fresh vegetables and meat that is past its prime, but not yet expired may be cooked up for the in-store deli and salad counters before they spoil. And while some of it ends up in the landfill, expired food may be given to local food banks, sold to salvage stores, or given to employees.

If you do happen to purchase something that is out of date, like milk, you can simply return it to the store. Most stores will give you a refund.

But for the most part, stores can sell out of date food without consequence. Especially canned goods.

According to the FDA, there is no uniform dating system. In fact, manufacturers aren’t even required to put quality-based labels on food, unless it’s baby formula. So those dates put on canned food is arbitrary. They are there just to make the consumer feel good about what they are purchasing.

And according to the USDA, low acid foods are good for 2 to 5 years. If cans are in good condition, with no obvious signs of damage, they are safe to eat indefinitely.

To learn more about what happens to unsold food in supermarkets, read this recent article. What really surprised me was the percentage of food that could be eaten or given to homeless shelters and food banks get thrown away.

Just click the link to read it on my site.

How much can a shop be fined for selling out of date food?

I couldn’t find any exact figures on this, but I did find where 21 stores in Port Chester, NY, and White Plains, NY were fined a total of $59,600 for selling outdated food in 2009. (source)

So, in the grand scheme of things, stores won’t be fined very much for selling outdated food.

Because expiration dates are not federally mandated, each state will likely have its own rules and regulations regarding the sale of outdated food. Which is probably why I couldn’t find much about it.

Also, know that I could walk into ANY grocery store right now and find outdated products if I looked hard enough.

All grocery stores have tens of thousands of products. And most have fewer than 300 employees (some have a LOT fewer). It’s just not possible to catch every can, bag, box, and carton. And even the best store manager has to trust their employees to be checking dates when they stock, rotate products and face the store.

By now, you know that canned foods are good indefinitely. Milk and fresh meat clearly don’t last as long. But what about products in other sections of the grocery store?

What are the other sections of a grocery store anyway?

Read this recent article to learn more about the different sections of grocery stores. While all stores have things that make them unique, the surprising truth is that almost every store follows the same core systems and layouts.

Just click the link to read it on my site.

Is it a legal offense to sell out of date food?

It depends. Also remember that in most cases, these are “best by” dates. They are not usually dates telling you when something is bad or inedible.

No. Most dates on food are there to tell you when the maximum flavor and freshness will start to diminish.

Federal law doesn’t require manufactures to put an expiration date on products. If there is no requirement to do something, then you can’t be penalized for it legally.

But baby formula must have an expiration date on it. And in California, all baby food must also have an expiration date.

Even if it is illegal to sell out of date food, you need to take some personal responsibility, too.

Check the dates on products before you purchase them. And then check the dates again before you consume it, especially if you’re feeding it to your baby.

If you see expired food on the shelf, particularly baby formula or baby food, notify the store manager, so they can handle it.

If you inadvertently purchase something that has expired, take it back to the store for a refund or exchange.

What if I bought expired food?

Simply put, in most cases, – eat it.

If it’s milk or yogurt, you may not want to eat it. If that’s the case, just return it to the store or throw it away.

Same thing for meat or seafood. And always remember – when in doubt, throw it out. If you don’t want to throw it out, and you still have the receipt, return it to the store.

For canned goods, as long as the cans aren’t damaged in any way – there’s no swelling, rust, or dents – the food inside is still good to eat.

Expiration dates are arbitrary. There is no federal regulation regarding the dating of canned goods. That’s why you see so many different labels. In fact, unless it’s baby formula, there is no federal law stating that canned goods even need expiration dates.

If you bought it from Whole Foods, you can rest assured that they’ll refund your money. Whole Foods really cares about the products they sell and the customers they serve.

I couldn’t tell you how many times customers had the gall to come into my store and want a refund for something they threw away AND no longer had the receipt for. And more often than not, we gave them that refund.

That is just one of the reasons why Whole Foods Market is so popular.

To learn more about what makes Whole Foods so popular, check out this recent article. While I don’t work for them now, I did work there for over 20 years. So I know a thing or two about them.

Just click the link to read it on my site.

Final thoughts

Unless you get exceptionally sick from eating expired food, you likely won’t be able to find a lawyer to help you file a lawsuit.

Canned goods are shelf-stable for years and years. And if you accidentally purchase expired milk, cheese, or other fresh goods, you can take it back to the store for a refund.

It’s not necessarily illegal to sell expired items. But each state will approach it differently when it comes to fining stores for selling outdated items.

Will you throw away that can of corn that is a year out of date, or will you eat it?

I know what I would do!


Photos which requires attribution:

bad salsa by flicktoast is licensed under CC2.0

Can Instacart Deliver Alcohol? (Yes, but not in every state)

Nothing quite beats the convenience of having a delivery service like Instacart bring you your groceries right to your doorstep. But what about alcohol? Can Instacart deliver alcohol?

Instacart currently delivers alcohol in 14 states, both from grocery stores, where allowed, but from liquor stores too. Beer, wine, & liquor are available in those areas, but recipients must show ID & cannot be visibly intoxicated. Instacart also cannot leave alcohol unattended; you must be present for delivery.

But there’s a lot more to know about Instacart delivery, alcohol laws, and how they both tie together, so let’s dig in a little deeper.

Instacart is awesome! They can even deliver them in under an hour in certain circumstances.

If you want a glass of wine or some beer with your dinner, will they deliver it with your groceries?

Will they deliver liquor? What states even allow alcohol to be delivered? Does Instacart mark up prices on alcohol?

You have questions. I have the answers!

Just keep reading to find out.

Ready to start ordering from Instacart?

CLICK HERE to go to the Instacart order page.

Does Instacart have alcohol?

Instacart has alcohol delivery available in 14 states and Washington, D.C. Alcohol is available from more than one-third of their retail partners.

What 14 states those are is listed in the next section.

Purchasing alcohol through Instacart is easy.

Simply open the Instacart mobile app or head over to their website at www.instacart.com. Select your city and store, and shop like normal.

When your delivery arrives, be sure to have your ID handy, as you must be 21 years old to purchase alcohol.

Don’t forget to tip your Instacart driver when they deliver your groceries and booze.

They are providing a service, after all. Instacart drivers are not only making your life easier by doing your shopping for you, but they also are sure to pick the best items.

They make sure to get the items with the best expiration dates, that don’t have any damage and are priced the best.

But don’t worry, you don’t have to tip 15-20% like at a restaurant. Just read this recent article where I break down exactly how much to tip, and whether you need to do it in cash or on the app.

Just click the link to read it on my site.

What states allow alcohol delivery through Instacart?

Instacart alcohol delivery is available today in:

  • California
  • Connecticut
  • Florida
  • Illinois
  • Kentucky
  • Massachusetts
  • Minnesota
  • Missouri
  • North Carolina
  • Ohio
  • Oregon
  • Texas
  • Virginia
  • Washington
  • Washington, D.C.

Source

They are continually rolling out alcohol delivery in more states. So if it’s not available in your state, keep checking. It may be available soon!

If Instacart doesn’t deliver alcohol to you, you might want to consider having alcohol directly shipped to your home.

The majority of states allow for out-of-state to ship alcohol directly to consumers. However, Alabama, Oklahoma, and Utah specifically prohibit the direct shipment of alcohol to consumers.

Of the states that do allow the shipment of alcohol, only five states allow the shipment of all spirits.

They are:

  • Arizona
  • Florida
  • Hawaii
  • Nebraska
  • New Hampshire

Eight states allow direct shipment of beer and wine. They are Delaware, Massachusetts, Montana, North Dakota, Ohio, Oregon, Vermont, and Virginia. The rest of the states allow direct shipments of wine only.

Having alcohol directly shipped to you can be a great way to try new and interesting flavors of beer or wine. However, it can get really expensive, as many alcohol delivery services are subscription-based.

You also may not get to pick exactly what you want.

Just as an example, FirstLeaf will send you wine that they pick out for you at about $13.00 per bottle. You fill out a quiz before signing up, and they will send you wine based on those answers.

Each shipment will contain different wines. However, if you find something you like, you may not get it in the next shipment, but you might be able to order it individually from their website.

What are the Instacart alcohol delivery rules?

To purchase alcohol through Instacart, customers must be 21 or older, have and show a valid government-issued ID card, and not be visibly intoxicated. They also much be present at the time of delivery as alcohol cannot be left unattended.

First and foremost, understand that alcohol is not available at all retailers in all markets. They cannot fulfill special requests or replacements for alcohol.

You must present your ID upon delivery. When the order is delivered, you must sign for the delivery.

  • No alcohol will be left unattended.
  • No alcohol will be delivered to anyone that is visibly intoxicated.

If you do not present your ID, are not present, or are visibly intoxicated, alcohol will not be delivered. In this case, you will not be charged for the alcohol.

To read their alcohol policies for yourself, just click here. This link takes you straight to Instacart’s Alcohol policies page on their website.

Of course, you should always be responsible regarding your alcohol consumption. Don’t drink and drive and certainly don’t purchase alcohol for minors.

Does Instacart deliver just beer & wine?

Instacart delivers beer, wine, and spirits in certain states where legally allowed. In states that allow it, Instacart can deliver liquor from grocery stores. But in states where that is not allowed, they have also partnered with specific liquor stores for delivery.

The abolition of prohibition in 1933 left states with the power to regulate alcohol sales. So now there is a confusing hodgepodge of liquor laws across the country.

To read about which states allow the sale of liquor in grocery stores, read this recent article.

Just click the link to read it on my site.

If your state doesn’t allow the sale of liquor at grocery stores, take comfort in the fact that Instacart also delivers for some liquor specialty stores.

These stores include BevMo!, Binny’s Beverage Depot, and Total Wine & More.

If you don’t live in California, Connecticut, Florida, Illinois, Kentucky, Massachusetts, Minnesota, Missouri, North Carolina, Ohio, Oregon, Texas, Virginia, Washington, or Washington, D.C., you’re just going to be out of luck. Even if your state does allow for the sale of liquor in grocery stores.

Those are the only state in which Instacart delivers alcohol.

Does Instacart markup prices on alcohol?

Sometimes, Instacart does charge more than store prices.

According to Instacart, they charge an average of 15% more money on stores that have a markup. This isn’t so bad if you’re purchasing $50 in groceries. This is very bad if you purchase $200 worth of groceries.

However, Instacart partners up with different stores to provide delivery services without a markup.

If you purchase your alcohol from one of the partner stores, you shouldn’t see a price increase.

To read more about what stores Instacart have partnered up with, and their pricing policies read this recent article.

Just click the link to read it on my site.

The best way to know whether or not you’ll be charged more at a specific store is by reviewing Instacart’s pricing information page.

According to that page, it’s the retailers themselves that set the prices charged through Instacart.

Don’t let the potentially higher prices steer you away from the app, though. Instacart is a thriving business for many reasons.

Instacart also charges a delivery fee of $7.99 for one-hour delivery or $5.99 for a two-hour or more delivery.

The convenience value alone is enough to make the markups and fees well worth staying home. There’s certainly a line where it’s probably a better idea to go out instead. Still, it all depends on the markup percentage.

If you find that you don’t mind the markup percentage, and use Instacart regularly, you may find that their annual membership fee is a better value. For $149 per year, you can get free two-hour delivery on orders of $35.00 or more.

Pair the annual fee with a partner store and two-hour delivery, and it could be very affordable.

Final Thoughts

Instacart offers fantastic convenience. It makes life so much easier when you can have groceries dropped at your door.

It can make life even easier when you can have alcohol delivered to your door. In this article, we took a look at the ins and outs of Instacart alcohol delivery. We discussed the rules of having Instacart deliver alcohol, and whether they mark up prices on alcohol.

While it’s not available in every state, it may be available in your state soon. If it’s alcohol delivery is not available in your state, it could simply be because of your local laws and regulations.

Ready to start ordering from Instacart?

CLICK HERE to go to the Instacart order page.


Photos which require attribution:
Instacart_PwG_anim_02 by 姿穎 呂 and Cold Beer by Northwest Retail are licensed under CC2.0

[adthrive-in-post-video-player video-id=”TYI6vFMW” upload-date=”Mon Aug 03 2020 00:00:00 GMT+0000 (Coordinated Universal Time)” name=”Can Instacart Deliver Alcohol? (Yes, but not in every state)” description=”Nothing quite beats the convenience of having a delivery service like Instacart bring you your groceries right to your doorstep. But what about alcohol? Can Instacart deliver alcohol? I decided to check into it and discovered: Instacart does currently deliver alcohol in 14 states, both from grocery stores, where allowed, but some liquor stores too. Beer, wine, & liquor are available in those areas, but recipients must show ID & cannot be visibly intoxicated. Instacart also cannot leave alcohol unattended; you must be present for delivery. But there’s a lot more to know about Instacart delivery, alcohol laws, and how they both tie together, so let’s dig in a little deeper. Instacart is awesome! They can even deliver them in under an hour in certain circumstances. If you want a glass of wine or some beer with your dinner, will they deliver it with your groceries? Will they deliver liquor? What states even allow alcohol to be delivered? Does Instacart mark up prices on alcohol? You have questions. I have the answers! Just keep reading to find out.”]

Why Don’t Grocery Stores Sell Liquor? (& which states allow it)

If you enjoy a good cocktail but find it inconvenient to buy liquor at a liquor store, you may wonder why don’t grocery stores sell liquor?

After the end of prohibition in 1933, states were allowed to regulate alcohol sales themselves. But it resulted in a wide variety of laws from state to state. However, many states in the US do sell liquor at grocery stores. But, each county within the state can have its own laws regulating the sale of liquor.

But there’s a lot more to know than that!

Many states allow you to buy beer and/or wine in grocery stores. But some states do not sell any alcohol in grocery stores. Some states will allow you to buy liquor on Sundays, but even some of those don’t let you buy it before noon.

For example, in Nebraska, you cannot purchase liquor until noon. But in Florida, there are no time restrictions on liquor sales, but you can only purchase liquor from liquor stores.

And other states limit the liquor licenses chain stores have so not all locations may actually sell liquor. It all gets very confusing and frustrating.

But have no fear! We’ve done the leg work to make sure you are well informed about the sale of alcohol in various states.

Just keep reading!

What states do not sell alcohol in grocery stores?

Alcohol is prohibited from being sold in grocery stores in Pennsylvania, Delaware, and Alaska.

Alaska and Delaware have no Sunday restrictions, but you can only buy alcohol at liquor stores. This is any alcohol – beer, wine, and liquor.

In fact, if you are in Alaska, you can’t even enter a licensed premises if you are under 21 years of age unless you are with a parent, guardian, or spouse that is of age. (source)

With a bar for every 60 residents, Alaska is notorious for having high rates of alcoholism.

As a result, they have a very high rate of violence and crime stemming from intoxication. So it’s no surprise that Alaska has such harsh laws regarding alcohol sales. They’ve even been known to arrest bar patrons for being too drunk. (source and source)

While you can’t purchase alcohol in all grocery stores in Pennsylvania, you can purchase beer from some gas stations. You can also purchase up to two six-packs of beer from local bars. (source)

However, over time, the laws have started to loosen a bit and some grocery stores have started selling alcohol. The grocery stores that are allowed to sell alcohol must do so at a separate register.

What states allow grocery stores to sell liquor?

The states listed below DO allow sales of liquor in grocery stores:

  • Arizona
  • California*
  • Illinois
  • Indiana
  • Louisiana**
  • Maine
  • Massachusetts
  • Michigan
  • Missouri
  • Nebraska
  • Nevada
  • New Mexico
  • North Dakota
  • South Dakota
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

*Fun Fact: California does not allow alcohol to be displayed within five feet of the cash register if the establishment also sells motor fue;.

** Louisiana liquor sales are allowed in grocery stores. But, individual cities, towns, and villages may disallow it. Shreveport does not allow hard liquor sales in grocery and other non-liquor store outlets. Bossier city does allow hard liquor sales in grocery stores. Rural Caddo Parish allows it as well.

Each state comes with its own limitations on the sale of liquor in grocery stores.

Read this recent article for a more thorough explanation of what those limits are. You might find it interesting to know that Kentucky, home of Jim Beam, has some of the most confusing liquor laws in the country.

Just click the link to read it on my site.

What states don’t sell alcohol on Sundays?

There are several states with a Sunday ban on retail alcohol sales.

But even states with Sunday sales bans have caveats. Most of the states listed below ban liquor sales, but still allow beer and wine sales. Some take it a step further by banning Sunday sales at certain times during the day.

Those states are:

Arkansas Alcohol and liquor sales are prohibited in most counties on Sunday and statewide on Christmas day.
Georgia Alcohol sales vary by county. Counties that do allow Sunday sales cannot sell alcohol until 12:30 p.m.
Mississippi Liquor stores are closed on Sunday, but beer is still sold at grocery stores.
North Carolina State-run liquor stores are closed, which means no liquor sales. Beer is sold all day on Sunday at grocery stores.
South Carolina No hard liquor sales are permitted on Sunday. Beer and wine can be purchased all day.
Tennessee No wine or liquor sales are permitted on Sunday. Beer is sold all day.
Texas No liquor sales are permitted. Beer and wine cannot be sold until noon.
West Virginia No liquor sales are permitted. Beer and wine cannot be sold until 1:00 pm.

Why are they called blue laws?

Blue laws are designed to ban certain activities on Sunday for religious reasons, particularly to observe a day of worship or rest.

Some states ban horse racing and car sales on Sundays. Some states ban hunting on Sundays. A handful of states ban the sale of alcohol on Sunday.

I found two theories about why they are called blue laws. The first one is the one that I had always heard: that the laws were originally written on blue paper.

However, the more likely reason is based on the 18th-century usage of the word “blue.” In the 18th century, “blue” meant rigidly moral in a disparaging sense. (source)

They were originally enacted to encourage church attendance and restrict activity to that which was deemed worthy of observation on the Sabbath.

The first blue law was enacted in colonial Virginia in 1610. Though it wasn’t called a blue law, it mandated church attendance on Sundays. The law also prohibited unseemly behavior.

Drinking alcohol or public displays of affection were subject to penalties that included large fines or confinement.

Eventually, blue laws evolved to ban the sale of tobacco and alcohol as well as unnecessary labor. Some areas also prohibited some kinds of entertainment.

What states still have blue laws?

Many states still have blue laws in place, but most of them have been repealed in the United States.

Even so, the Supreme Court has held that blue laws are constitutional. Blue laws ensure that mail carriers get a day of rest, guarantee a day of rest for religious reasons, and protect workers and families.

Some states ban certain alcohol sales. Others ban car sales on Sundays and others ban horse racing.

The states below currently have blue laws in place:

Arkansas Alcohol and liquor sales are prohibited in most counties on Sunday and statewide on Christmas day.
Georgia Alcohol sales vary by county. Counties that do allow Sunday sales cannot sell alcohol until 12:30 p.m.
Illinois Horse racing is prohibited on Sundays, with exceptions. Car dealerships are closed on Sunday
Iowa Car sales and mobile home sales are prohibited on Sunday
Maine Hunting is prohibited on Sunday. Almost all businesses are prohibited from opening on Thanksgiving Day.
Maryland Car dealerships are prohibited from doing business on Sunday, with some exceptions. Professional sports teams are prohibited from playing games before 1:00 p.m. on Sunday.
Massachusetts Alcohol sales are banned on Thanksgiving Day, Christmas Day and Memorial Day.
Minnesota Car dealerships are not allowed to do business on Sunday.
Mississippi Liquor stores are closed on Sunday, but beer is still sold at grocery stores.
North Carolina State-run liquor stores are closed, which means no liquor sales. Beer is sold all day on Sunday at grocery stores. Gun hunting is prohibited on Sunday between 9:30 a.m. and 12:30 p.m.
Oklahoma Car dealerships are closed on Sunday.
Pennsylvania Hunting is prohibited on Sunday, except for foxes, crows, and coyotes.
Tennessee No wine or liquor sales are permitted on Sunday. Beer is sold all day.
Texas car dealerships must be closed on either Saturday or Sunday. The dealer gets to choose which day. No liquor sales are permitted on Sunday. Beer and wine cannot be sold until noon.
West Virginia No liquor sales are permitted on Sunday. Beer and wine cannot be sold until 1:00 pm. Hunting is prohibited in all but 14 counties.

Final Thoughts

Trying to purchase alcohol, especially liquor, while you’re traveling from state to state can be very frustrating.

Laws are regulated at the state level and many states pass that responsibility down to counties and cities. I’ve discussed a few of those regulations including blue laws and how they affect alcohol sales in certain states.

I also talked about what states allow the sale of liquor at grocery stores, as well as any limitations. And, I even listed the states that do not allow the sale of liquor at grocery stores.

While this is a pretty thorough guide, you should still check the local laws. That’s especially true if you are going to a state that has different laws for different counties.

 

What States Allow Grocery Stores to Sell Liquor? (state by state)

After the end of prohibition in 1933, states were allowed to regulate alcohol sales themselves. But it resulted in a wide variety of laws from state to state. So many have wondered what states allow grocery stores to sell liquor?

I decided to investigate and here’s what I learned:

The states listed below allow sales of liquor in grocery stores:

  •  
  • Arizona
  • California*
  • Illinois
  • Indiana
  • Louisiana**
  • Maine
  • Massachusetts
  • Michigan
  • Missouri
  • Nebraska
  • Nevada
  • New Mexico
  • North Dakota
  • South Dakota
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

But there’s a lot more to know than that!

Many states allow you to buy beer in grocery stores. But some only allow you to buy wine. Some states will allow you to buy liquor on Sundays, but even some of those don’t let you buy it before noon.

For example, in Nebraska, you cannot purchase liquor until noon. But in Florida, there are no time restrictions on liquor sales, but you can only purchase liquor from liquor stores.

And other states limit the liquor licenses chain stores have so not all locations may actually sell liquor. It all gets very confusing and frustrating.

But have no fear! We’ve done the leg work to make sure you are well-informed about each state’s alcohol laws. However, if you aren’t familiar with why some states don’t allow it, click here to read this comprehensive article on my website that breaks down exactly why some states have restrictive liquor laws, and what you can do to try and change them.

Ready? Just keep reading!

** Louisiana liquor sales are allowed in grocery stores. But, individual cities, towns, and villages may disallow it. Shreveport does not allow hard liquor sales in grocery and other non-liquor store outlets. Bossier city does allow hard liquor sales in grocery stores. Rural Caddo Parish allows it as well.

Can you buy liquor on Sundays in the states that allow liquor in grocery stores?

The states listed below allow sales of liquor in grocery stores on Sunday:

  • Washington
  • California*
  • Nevada
  • Arizona
  • New Mexico
  • Wyoming
  • North Dakota
  • South Dakota
  • Nebraska**
  • Missouri
  • Illinois
  • Wisconsin
  • Michigan
  • Massachusetts

*California does not allow alcohol to be displayed within five feet of the cash register if the establishment also sells motor fuel. (Because it encourages drinking and driving???)

**Nebraska allows liquor sales on Sunday beginning at noon.

Indiana does allow the sale of liquor in grocery stores. However, there are no alcohol sales at grocery stores on Sunday whatsoever. West Virginia grocery stores are prohibited from selling liquor all day on Sunday.

Trader Joe’s is known for its low prices. But what about liquor? Do they sell it and is it also cheap?

Just click here to read my complete breakdown on Trader Joe’s and which states they are in allow them to sell liquor. But I also let you know what name brands they carry and the inside scoop on whether their prices are actually better than a liquor store.

How is alcohol regulated by the law?

Prohibition ended in 1933 with the ratification of the 21st amendment.

Since that time, alcohol has been regulated by a combination of federal, state, and local laws. These laws regulate the manufacturing and the sale of alcohol, as well as the drinking age.

The 21st amendment is the primary federal law governing alcohol policies. It also gives individual states control over whether to allow the sale of alcohol in the state at all.

It also regulates importing, distribution and possession of alcohol within the state. Some states offer local governments control over alcohol policy development and enforcement. Other states control alcohol policy at the state government level.

Unfortunately, the confusing state of affairs as it relates to alcohol policy is the drawback of giving states and local governments control over alcohol policy.

However, even with the flexibility of some laws at the state level, Congress maintains the power over certain alcohol policies, such as the minimum legal drinking age.

Love tequila? I sure do. But in the states that allow it, does Trader Joe’s carry tequila?

Click here to read this complete guide to EXACTLY what brands of tequila Trader Joe’s carries, how much of their selection is private label and what well-known brands actually make their private label tequila.

Which states have state-owned liquor stores?

In some states, the state has complete ownership and control over liquor stores.

This means that the stores generate income for the state. This money can be put towards education, infrastructure, or any other government needs. States also offer standardized training for liquor store owners and can restrict the number of liquor stores across the state.

Considering how many extra dollars are generated for the state, it’s interesting that there aren’t more states doing this. The states that currently have state-owned liquor stores are:

  • Alabama
  • Idaho
  • New Hampshire
  • North Carolina
  • Pennsylvania
  • Utah
  • Virginia 

State-owned liquor stores are typically closed on Sunday and voting day.

An Overview of Alcohol sales

This handy map put together by Christopher Ingraham of the Washington Post shows a birds-eye view of state alcohol sales in supermarkets.

Note: the states labeled “No Sales” allow the sale of beer with very low alcohol content. As Christopher Ingraham says, “Near beer isn’t real beer.”

Alcohol is prohibited from being sold in grocery stores in Pennsylvania, Delaware, and Alaska.

Maryland laws vary widely from county to county. Consult this county by county list to get the complete breakdown of laws.

Many states still prohibit the sale of alcohol on Sundays. Those that do allow sales on Sunday often can’t sell it until later in the day.

Check the state laws if you are planning on traveling to another state. It can be very frustrating if you are trying to buy alcohol, only to find out when you get to the register that you can’t purchase alcohol on Sunday.

Beer Only Sales

Utah, Colorado, Kansas, Oklahoma, and Minnesota allow only beer to be purchased at grocery stores.

However, grocery store sales are limited to beer with 4% ABV or lower. In Utah, beer over 4% ABV must be sold in state-run stores. Colorado, Kansas, Oklahoma, and Minnesota require that beer over 4% ABV be sold at liquor stores.

Of interest, Oklahoma requires that beer sold at liquor stores be sold at room temperature. (less likely to crack one open on the way home???)

New Jersey is interesting. While they do not limit the ABV of beer, grocery chains are only allowed 2 liquor licenses for the entire state.

This means that only 2 locations for each chain can sell beer in their stores. As a result, most grocery stores do not sell alcohol. Additionally, many establishments have a BYOB policy.

Liquor licenses are so expensive in New Jersey that they actually allow patrons to bring their own beer and wine for consumption.

Tennessee, Kentucky, Alabama, Mississippi, New York, and Connecticut all allow beer to be sold in grocery stores. However, there are some things you need to be mindful of:

Kentucky is said to have some of the most confusing liquor laws in the country.

They have wet, dry, and “moist” counties. It might be a good idea to check out their official wet/dry map before trying to purchase alcohol in Kentucky.

Alabama and Mississippi have several dry counties as well. Their official wet/dry lists can be found here and here, respectively.

Beer and Wine Sales

Southeastern states, along with Texas, Oregon, Indiana, Montana, Ohio, Vermont, and New Hampshire allow beer and wine sales in grocery stores.

Note: 40oz bottles of beer or malt liquor are not sold in Florida. The maximum available size is 32oz.

New Hampshire homebrewers take note: New Hampshire limits household beer or wine production to 100 gallons per year if you’re doing it by yourself (200 gallons if someone else helps).

Fun fact: As the flagship home of prohibition, Westerville, Ohio was once known as the “Dry Capital of the World.” During a period known as the Ohio Whiskey Wars, a businessman named Henry Corbin owned a saloon and sold alcohol despite local laws banning it.

The building was blown up in protest by residents multiple times.

Beer, Wine and Liquor Sales

Southwestern states and most midwestern states allow sales of beer, wine, and liquor in grocery stores.

The states listed below allow sales of liquor in grocery stores:

  • Arizona
  • California*
  • Illinois
  • Indiana
  • Louisiana**
  • Nebraska
  • Nevada
  • New Mexico
  • North Dakota
  • Missouri
  • Michigan
  • Massachusetts
  • South Dakota
  • Washington
  • West Virginia
  • Wisconsin
  • Wyoming

*Fun fact: California does not allow alcohol to be displayed within five feet of the cash register if the establishment also sells motor fuel.

** Louisiana liquor sales are allowed in grocery stores. But, individual cities, towns, and villages may disallow it. Shreveport does not allow hard liquor sales in grocery and other non-liquor store outlets. Bossier city does allow hard liquor sales in grocery stores. Rural Caddo Parish allows it as well.

Final thoughts

Trying to purchase alcohol while you’re traveling from state to state is very frustrating.

Laws are regulated at the state level and many states pass that responsibility down to counties and cities. We’ve gone over many of the laws, and have hopefully made it a little easier to navigate.

While this is a pretty thorough guide, you should still check the local laws. That’s especially true if you are going to a state that has several wet, dry or “moist” counties.

One thing more and more shoppers do these days is to order their groceries through companies like Instacart.

You can order beer, wine, and liquor through Instacart. But one thing you may not know is which stores Instacart raises the prices on.

Yes, it’s true. While they don’t do it with all stores, Instacart does bump prices up an average of 15% on many grocery stores. Check out which ones in a recent article.

Just click that link to read it on my site.


Additional source:

https://www.stateliquorlaws.com/map