Ok...now I am pi**ed - Page 7

angelcat04 · 11-16-2007, 10:29 AM

Thanks for the feedback everyone. I have a lawyer that I will consult with. Why would I, a pregnant woman, discriminate against another pregnant women? I'd like to see her try that. Like I told her last night...it has nothing to do with the fact that she's pregnant. It has everything to do with the fact that this is a tanning salon & she is refusing to tan.

engfant · 11-16-2007, 10:30 AM

Navi is correct. She hasn't a leg to stand on.

navigatin1 · 11-16-2007, 10:32 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.

HOT STUFF · 11-16-2007, 10:32 AM

8. Can my employer move me to another position while I am pregnant so as not to offend clients or customers?
No. An employer cannot move you to another position or otherwise change your job because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers.

Be very careful in what you do to this employee.

engfant · 11-16-2007, 10:33 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.

Unlawful discrimination can be characterised disparate treatment or, by contrast as disparate impact (also known as adverse impact) discrimination. Disparate treatment discrimination involves intentionally treating someone less favourably than another person because of an attribute (such as race, color, religion, sex, national origin, age, disability status, or military status), compared with someone without that attribute in the same circumstances.

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.

Isn't that UNION though? She had a CHOICE to get pregnant. She has a CHOICE to either follow the rules of the salon or move on.

If I have a job as an arm wrestler and then I break my arm...I LOSE MY JOB AT LEAST UNTIL I CAN DO IT AGAIN.

eileen · 11-16-2007, 10:37 AM

SOURCE LINK: http://members.forbes.com/forbes/2003/1110/126.html

It's true: Workers can be canned for no good reason at all. Or even for a bad reason, as in the case that seemed to disturb CNN's Aaron Brown a few weeks ago. He was presiding over a segment, presented as utterly incredible, about a worker in Idaho named Michael Edmondson. It seems that Edmondson, an exemplary 22-year veteran at Bennett Lumber Products, had been summarily fired simply for attending public meetings about forest-management proposals that could affect the company--even though he had never spoken up at the meetings, or discussed his views at work, and in any case was just an ordinary employee, not a manager. The Idaho Supreme Court upheld the firing, and CNN had some difficulty explaining how this could be. Anchorman Brown mumbled something about how Idaho was a state in which companies were free to fire "at will."

eileen · 11-16-2007, 10:38 AM

Conflict of interest for your company to succeed is a reason to fire IMO.

eileen · 11-16-2007, 10:40 AM

Quote:

Originally Posted by HOT STUFF

8. Can my employer move me to another position while I am pregnant so as not to offend clients or customers?
No. An employer cannot move you to another position or otherwise change your job because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers.

Be very careful in what you do to this employee.

Angelcat is not discriminating because her employee is pregnant. She was already told she could keep her job pregnant. She is at risk of being fired because she is in conflict with the company that employs her.

HOT STUFF · 11-16-2007, 10:59 AM

Quote:

Originally Posted by eileen

Angelcat is not discriminating because her employee is pregnant. She was already told she could keep her job pregnant. She is at risk of being fired because she is in conflict with the company that employs her.

Try winning that argument in court.

WendyJo · 11-16-2007, 11:03 AM

I'm very interested to see how this turns out. I have an employee who found out that she's pregnant last month.

She's done the Smart Tan Masters Certification, so she's well educated on the effects of UV Light.

But, she's 18 and the same girl who saw that stupid scary movie last year where kids got locked in tanning beds and their skin melted off... and she didn't tan for 2 weeks after that.

So, of course, she's not tanning now. She's waiting to see what her doctor tells her. I was supportive and said that I would not make her tan if her doctor told her not to, even though we know the truth... but I did tell her that I'd have to spray tan her then. She's fine with that.

But, it still irks me that she's afraid to tan after knowing all the facts.

11-16-2007, 10:29 AM	#61 (permalink)
angelcat04 I love Derf!! Join Date: Jul 26 2004 Location: Texas Posts: 1,918 Rep Power: 6	Re: Ok...now I am pied** Thanks for the feedback everyone. I have a lawyer that I will consult with. Why would I, a pregnant woman, discriminate against another pregnant women? I'd like to see her try that. Like I told her last night...it has nothing to do with the fact that she's pregnant. It has everything to do with the fact that this is a tanning salon & she is refusing to tan. __________________ www.myspace.com/tanatmaui Last edited by angelcat04; 11-16-2007 at 10:31 AM.

11-16-2007, 10:30 AM	#62 (permalink)
engfant FREE ENGFANTUCATION Join Date: May 20 2003 Posts: 8,933 Rep Power: 12	Re: Ok...now I am pied** Navi is correct. She hasn't a leg to stand on. __________________ "And shut your mouth pussycat e fammi un macchiato, pronto!" http://www.youtube.com/watch?v=UhHhXukovMU

11-16-2007, 10:32 AM	#64 (permalink)
HOT STUFF Join Date: Jan 5 2005 Location: Texas Posts: 754 Rep Power: 5	Re: Ok...now I am pied** 8. Can my employer move me to another position while I am pregnant so as not to offend clients or customers? No. An employer cannot move you to another position or otherwise change your job because of its prejudices against pregnant workers or the prejudices of co-workers, clients or customers. Be very careful in what you do to this employee. __________________ ______________________

11-16-2007, 10:37 AM	#66 (permalink)
eileen kiss me I'm Derf Join Date: Feb 10 2005 Posts: 7,646 Rep Power: 17	Re: Ok...now I am pied** SOURCE LINK: http://members.forbes.com/forbes/2003/1110/126.html It's true: Workers can be canned for no good reason at all. Or even for a bad reason, as in the case that seemed to disturb CNN's Aaron Brown a few weeks ago. He was presiding over a segment, presented as utterly incredible, about a worker in Idaho named Michael Edmondson. It seems that Edmondson, an exemplary 22-year veteran at Bennett Lumber Products, had been summarily fired simply for attending public meetings about forest-management proposals that could affect the company--even though he had never spoken up at the meetings, or discussed his views at work, and in any case was just an ordinary employee, not a manager. The Idaho Supreme Court upheld the firing, and CNN had some difficulty explaining how this could be. Anchorman Brown mumbled something about how Idaho was a state in which companies were free to fire "at will." __________________ under-exposure to uv rays is as dangerous as over-exposure...This is "D" life! (eileen)

11-16-2007, 10:38 AM	#67 (permalink)
eileen kiss me I'm Derf Join Date: Feb 10 2005 Posts: 7,646 Rep Power: 17	Re: Ok...now I am pied** Conflict of interest for your company to succeed is a reason to fire IMO. __________________ under-exposure to uv rays is as dangerous as over-exposure...This is "D" life! (eileen)

11-16-2007, 11:03 AM	#70 (permalink)
WendyJo I love Derf!! Join Date: May 27 2005 Location: Tennessee Age: 34 Posts: 393 Rep Power: 4	Re: Ok...now I am pied** I'm very interested to see how this turns out. I have an employee who found out that she's pregnant last month. She's done the Smart Tan Masters Certification, so she's well educated on the effects of UV Light. But, she's 18 and the same girl who saw that stupid scary movie last year where kids got locked in tanning beds and their skin melted off... and she didn't tan for 2 weeks after that. So, of course, she's not tanning now. She's waiting to see what her doctor tells her. I was supportive and said that I would not make her tan if her doctor told her not to, even though we know the truth... but I did tell her that I'd have to spray tan her then. She's fine with that. But, it still irks me that she's afraid to tan after knowing all the facts.

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