tanTALK - View Single Post

navigatin1 · 11-16-2007, 11:32 AM

Quote:

Originally Posted by HOT STUFF

Several exceptions to the doctrine exist, especially if unlawful discrimination is involved regarding the termination of an employee.

I have 45 Firefighters that I am a supervisor over. Every year or two I have to attend several classes that deal with discrimination and I am telling you that you need to be very carefull on how you proceed with this situation. Navi and Engfant are saying that they would do this and they would do that, but are they going to help you come up with the money to start a new salon when their advice loses you this one.

I'm glad that you supervise 45 firefighters and you know what YOU know. But, before I owned a salon I spent 15 years in upper management for 2 different "big box" retailers. So I happen to know quite a few things about Employment at will states and the laws, and how they work.

With that being said, she can demote her to bed cleaner at any time and have no adverse effects of doing so. She can at her own discretion terminate her employment AT ANY TIME for no reason at all. Now, of course the girl will cry fowl play and try to claim discrimination, but as long as she has everything documented, the girl will not have a chance in court.

Now, here is the loop hole. If she does not have it stated somewhere (employee manual) that part of the job requires her to tan/be tan, then she could/might run into hot water with the state.

Bottom line is, if she is concerned with the situation, ALWAYS consult your attorney and make you decision based on the facts. And if you pay unemployment insurance, just lay her off and let her collect if it is going to interfere with the salon making money.