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You should definitely sue. You'll actually have to put a retainer down for a lawyer, though. They typically choose to opt out of pro bono cases that look like they'll fail in the discovery deposition phase, and the fact that your old boss has video tape of you sneaking a couple of drink-i-poos, on duty, doesn't really fulfill any credibility for you as the "victim" in this.
I'm sure your new employer will be very interested to see the sausage grinding on your lawsuit with the old employer, as well. I know employers love having employees who've sued their previous employers, regardless of who prevailed. Hopefully, you're as good at covering your ass as your old employer was at covering his. If you have significant documentation of his malfeasance you might actually stand a reasonable chance of reaching an amicable settlement. If you can provide a compelling reason that you were drinking on duty, say like you'd just been ass-fucked over the ice-maker while you were trying to fill the wells, I'll bet he might be willing to settle.
Otherwise, you'll just look like an irresponsible sociopath who doesn't understand how his actions have consequences. Your incredulity will be seen as a mask for your patently obvious dereliction of a position of trust. Your indignation will be seen as nothing more than the dissatisfaction for having been caught out in one of the most cliche'd bar-tending grifts since no-saling a cash drink order and throwing the payment in a tip-jar. In short, you'll be seen, in public, as you're seen, here.
Luckily, you haven't worked for some of the old 6th Street club owners in Austin, TX. They had plenty of video cameras, never bothered with calling the cops, but always made sure the help was sorted out when it came to cash-flow risk management. Nothing quite like the adrenaline rush of being interrogated for letting a pour last too long in a club that has a reputation for bouncers going above and beyond the acceptable use of force.
Then, you'd have a lawsuit.
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Now with extra singles!
my old stuff, not quite up to snuff - but I still dig it - UPDATED 9/23/2012
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