Log in

View Full Version : What would you do?



Pages : 1 [2]

britt244
12-12-2007, 02:40 PM
^ well, i know oftentimes one exam could be 25% of your grade. that counts, a lot. or, if it was a difficult class, that test might matter more because you need to do well to pass or get a good grade. and i personally need to study the day before. i won't do as well if i study prior to that.

and. she has TWO finals the next day. plus probably some other earlier in the week, which means that that time earlier in the week might be used studying for the ones that come first. trying to study for too many subjects at once won't help all that much, imo.

its tonight, right? what are you going to do?

Melonie
12-12-2007, 02:43 PM
Wait, you're getting charged a fine if you don't work? Is there a house fee if you do work?

Without a doubt, by the letter of the law, attempting to 'fine' an independent contractor is totally illegal. However where strip clubs are concerned, there is often a major disconnect between the letter of the law and things that go on regularly in the club ! There is also a technical legal difference between an independent (sub)contractor being charged a 'fine' versus being charged for 'damages'.

From a practical standpoint, your best bet is to try and explain your final exams situation to the club manager and hope he buys into your situation. If he doesn't, you certainly have the option of not showing up on this 'mandatory' work day and also not paying the (illegal) fine. By the same token the club manager has the right to not allow you to conduct business inside his club anymore. Some club managers are responsive to the personal needs of dancers. However, other club managers view dancers as workers contributing to a business venture - and in that case a dancer making a personal request that interferes with club business could be considered 'undependable'. This is the reason that many clubs in NY and NJ, for example, follow a strict advance dancer schedule and enforce a minimum number of scheduled shifts per week. In NY and NJ, the weeks immediately before Christmas are the busiest time of the year - thus club managers would be extremely displeased if scheduled dancers don't show up thus leaving customers 'waiting in line' for private dances and VIP's from the girls that do show up.

From the standpoint of a judge, the fact that you are a college student will be secondary. The matter put before any court by the club manager would be that he operates a business, that his business engages independent subcontractors, and that in the club's role as 'general contractor' the club has a right to set basic terms for subcontractor work.

Thinking of the construction industry, it could be argued that your situation is no different from a legal standpoint than saying that the general construction contractor has a right to require that the concrete finishing subcontractor show up on the same day that the general contractor has made arrangements for 10 truckloads of concrete to be delivered. If the concrete contractor decides not to show up, the general contractor arguably has an implied legal right to collect 'damages' from the concrete subcontractor for the wasted concrete delivery, and definitely has an unarguable right to void any previous arrangements with the concrete subcontractor in regard to future work. However, in your situation, it would be difficult to prove that your absence on the mandatory work day has caused any financial 'damage' to your club, and as such your club manager would have no solid legal grounds to seek payment from you.

It's up to you of course to decide whether your personal needs re final exams exceed your need to continue dancing at this club. But there's no real world method of forcing your club manager to excuse you from the mandatory work day without consequences - with those real world consequences consisting of a payment to the club for 'damages' (i.e lost club earnings from reduced private dance / VIP sales due to your absence) or your club manager deciding that your future services as an independent contractor dancer will no longer be required.

If you really wanted to press the issue, it would be possible to make a complaint to your state DOL on the basis that you are in fact a 'statutory employee' instead of an independent contractor. Laws covering employers and employees are far different than laws covering business to business transactions. However, this is a risky endeavor ... but it has been done successfully in a few cases. However, in the cases where courts have held that club rules and regulations are sufficiently strict to consider the club as an employer, thus mandating that all dancers working at the club are 'statutory employees', the final result has often been rather disappointing.

BalletBaby
12-12-2007, 05:22 PM
Britt, lol, I heart you!

I just think everyone is making too big a deal out of ONE exam.

Actually it's not one exam. I have two on thursday, one on friday, and one on saturday. And the reason I'm studying the night before is because I want to utilize all of my time.

BalletBaby
12-12-2007, 05:47 PM
its tonight, right? what are you going to do?

I don't know. I'm crying so hard right now. The house mom says there are no exceptions and that everyone with finals has to work and that I've know about this for a month and that they explain there are two mandatory work days a year. But I didn't know that. I really didn't. Why should I have to sacrifice my future for fucking stripping?:'(

iseestars
12-12-2007, 06:10 PM
I can't believe that you are telling a girl to forgo studying for a final in order to shake her ass at some strip joint.

Not fair to a club? Really... so now instead of 41 girls working there will be 40. Oh no! Alert the media. Even if a few more skip out... it probably won't matter. The dancers that are there will be pissed enough with the overload of girls working.

A dancer owes a club nothing more than common courtesy and house fee. That is all. You don't owe them any favors, you don't owe them anything extra. You pay your fee, act civilly, and make money for yourself. Lather, rinse, repeat.

Ballet.... you answered your own question in your first post. You came down there to go to school, not to dance. What's the worst they can do? Fire you? You'll be working there again in less than a month. Stay your ground and do what is best for YOU. The club won't burst into flames because you're not there one night (for a perfectly good reason, might I add) no need to feel guilty.

I'm not telling her that she should forgo studying...I'm saying that if her final was so important that she should have given advanced notice that she couldn't work. She dug herself in this hole by waiting until last minute. Like I said, if she given advance notice and the club still wouldn't budge, then my opinion would be different. I don't see as coming in to the club for a party as a favor, I see it as part of a job that sucks but something that we all have to deal with. And no, it's not fair to a business to tell them last minute that you can't come in on said manatory date and that she had known about this for a while. For her to keep her silence so long is like agreeing that she would be in on that date.

ViolaStrings
12-12-2007, 08:17 PM
I would seriously skip thay day. Fuck them. Come back when you want and deal with the consequences. Be like "I'm so sorry - it will NEVER happen again". They're not going to fire you. They might fine you, but it's worth it to get good grades. You need school more than stripping. Long after that night has passed, you don't work there anymore, and the stupid housemom and manager are a bad memory - YOU WILL STILL HAVE YOUR GOOD GRADES.

BalletBaby
12-12-2007, 08:33 PM
Well, to be honest, I know I'm right. And the two questions I asked were:

1. "how would you feel?"

and

2. "what would you do?"

If telling them earlier would have made a difference, then why is every girl who has a final working? The club will be fine will 74 girls for the night.


I would seriously skip thay day. Fuck them. Come back when you want and deal with the consequences. Be like "I'm so sorry - it will NEVER happen again". They're not going to fire you. They might fine you, but it's worth it to get good grades. You need school more than stripping. Long after that night has passed, you don't work there anymore, and the stupid housemom and manager are a bad memory - YOU WILL STILL HAVE YOUR GOOD GRADES.

Well, I'm not going back. I just went and got all my stuff. Quitting feels so good:) I've never had so many problems with one club in such a short period of time. And that's true, I'll always have my grades!

Kaylinn
12-12-2007, 09:02 PM
I don't know how a club can have mandatory work days anyway. As an independant contractor, how can they require anyone to work? ( this is same with schedules to, which I never understood)

LilyLove
12-12-2007, 09:33 PM
Another thing about the school thing is that school is NOT cheap. I wouldn't sacrifice all the money and time I put into a class only to not take the last test. At least in my classes, not taking the last test can cause failure.

britt244
12-12-2007, 10:30 PM
Well, I'm not going back. I just went and got all my stuff. Quitting feels so good:) I've never had so many problems with one club in such a short period of time. And that's true, I'll always have my grades!

awww :hug: at least you know you'll be better off! you didnt need a place that caused you this much stress. good luck on your finals!!

buffie06
12-13-2007, 01:47 PM
ok, well not me. so clearly every club does not do that.







i highly doubt that balletbaby wants to dance forever. actually, i know she doesnt. like she said, she is there for SCHOOL not to dance. failing at that club is no big deal. failing at school IS. thats a waste of money and time and um i dont know many girls who would pick stripping over passing classes. school IS a necessity if you want to do anything else with your life other than dance.



Good for you, I was just adding my experience on the subject. I never incinuated she wanted to dance forever. I simply pointed out that treating dancing like a real job and informing your employer with advanced notice of plans could have (possibly, maybe not)avoided the problem.


To the op:The situation sucks, hope every thing works out for you.