Can you sue a club owner for firing you while you're out on pregnancy?
People keep telling me to do this, I'm not planning on it and I don't even think it would be possible anyways...
Have anybody ever heard of this happening?
Re: Can you sue a club owner for firing you while you're out on pregnancy?
You can sue anybody for anything. Whether or not it has merit is the question.
Re: Can you sue a club owner for firing you while you're out on pregnancy?
no. you're not an employee (most likely) and independent contractor contracts can be terminated without reason.
if you were an employee, I'm assuming your club considers you to be a "model" or some other form of employee where looks matter and if your looks deviate from what's expected you can be fired. don't try to sue, the law is not on your side, there is legal precedent that supports the clubs.
Re: Can you sue a club owner for firing you while you're out on pregnancy?
right that's what i was thinking, it wasn't because of my looks i was fired for association
Re: Can you sue a club owner for firing you while you're out on pregnancy?
it totally depends on the laws in your state and whether or not you were an employee/1099ed or just completely under the radar..
Re: Can you sue a club owner for firing you while you're out on pregnancy?
Does not matter if you are an employee or an independent contractor... you can still sue. In this case, you MAY sue for discrimination (that's what I'm gathering but I'm not legal expert) and your being an independent contractor does NOT mean you don't have the right to sue. Whether courts and/or appellate courts deem that you have 'standing to sue' is another issue. Yet, your being an independent contractor does not mean that you aren't able to sue.
Re: Can you sue a club owner for firing you while you're out on pregnancy?
Quote:
Originally Posted by
charlotte.
there is legal precedent that supports the clubs.
Out of curiosity, what legal precedent is this?
Re: Can you sue a club owner for firing you while you're out on pregnancy?
^^^ there are two relevant precedents. The first involves waitstaff at the Bellagio casino ... where it was first affirmed that an 'employer' can impose a physical appearance standard for 'employees'. The second involves Disney World, where it was legally established that an 'employer' who has imposed a physical appearance standard can 'enforce' that standard by firing employees who don't maintain said physical appearance.
Curiously, if the pregnant woman in question is truly an employee in the legal sense ( weekly paychecks etc. ), then the Americans with Disabilities Act might provide a possible 'end run' around the physical appearance standard. This could become a significant issue as recent 'employee dancer' lawsuits are affecting a growing number of dancers. However if the pregnant woman in question is an independent contractor, then the ADA does not apply.
Re: Can you sue a club owner for firing you while you're out on pregnancy?
Quote:
Originally Posted by
Melonie
^^^ there are two relevant precedents. The first involves waitstaff at the Bellagio casino ... where it was first affirmed that an 'employer' can impose a physical appearance standard for 'employees'. The second involves Disney World, where it was legally established that an 'employer' who has imposed a physical appearance standard can 'enforce' that standard by firing employees who don't maintain said physical appearance.
yup, these are directly related to weight and the courts ruled in favor of the employee. waitresses at any club worth working at get weighed on a regular basis and of they gain more than 10 lbs of their hiring weight they can be fired.
nina, you are misinformed, anyone who brings a simple discrimination suit has no.legal standing. its not discrimination because we are being hired on a contract status to represent a club and we are much more akin to models and spokespeople than back of the warehouse employees. its not just strip clubs, stores like abercrombie operate this way too. the law is on their side. lawsuits are extremely expensive and will absolutely not turn out in your favor in matters like this. the ada thing melonie mentioned still doesn't apply because like I said, it is recognizd that we are hired for our looks first and our skill second. if our looks fade then they can fire us plain and simple.
Re: Can you sue a club owner for firing you while you're out on pregnancy?
Quote:
Originally Posted by
charlotte.
yup, these are directly related to weight and the courts ruled in favor of the employee. waitresses at any club worth working at get weighed on a regular basis and of they gain more than 10 lbs of their hiring weight they can be fired.
nina, you are misinformed, anyone who brings a simple discrimination suit has no.legal standing. its not discrimination because we are being hired on a contract status to represent a club and we are much more akin to models and spokespeople than back of the warehouse employees. its not just strip clubs, stores like abercrombie operate this way too. the law is on their side. lawsuits are extremely expensive and will absolutely not turn out in your favor in matters like this. the ada thing melonie mentioned still doesn't apply because like I said, it is recognizd that we are hired for our looks first and our skill second. if our looks fade then they can fire us plain and simple.
I'm not misinformed, lol. I'm pre-law majoring in political science. I didn't tell the girl she would win her case, nor did I say she HAD 'standing to sue,' hence my usages of words like "may" and "if," which indicate I was speaking hypothetically. Can she sue? Yes. Will she win? Very doubtful. But it's a myth that independent contractors can't sue. They can sue for work-related injuries consequential of employer negligence, they can sue for assault, etc. Courts HAVE permitted independent contractors to sue for 'discriminatory termination' of the contract, despite that they statutes prohibiting discrimination for employers don't apply to independent contractors. Like Simone87 said, it depends on the state laws. Some states have already ruled that independent contractors are protected against discrimination in the formation and termination of their 'contracts.'
Re: Can you sue a club owner for firing you while you're out on pregnancy?
i don't think she was even fired for being over the weight limit, or anything to do with her looks..she said it was because of association..same deal though? im actually kind of interested in this..
Re: Can you sue a club owner for firing you while you're out on pregnancy?
Quote:
Originally Posted by
Nina_
I'm not misinformed, lol. I'm pre-law majoring in political science. I didn't tell the girl she would win her case, nor did I say she HAD 'standing to sue,' hence my usages of words like "may" and "if," which indicate I was speaking hypothetically. Can she sue? Yes. Will she win? Very doubtful. But it's a myth that independent contractors can't sue. They can sue for work-related injuries consequential of employer negligence, they can sue for assault, etc. Courts HAVE permitted independent contractors to sue for 'discriminatory termination' of the contract, despite that they statutes prohibiting discrimination for employers don't apply to independent contractors. Like Simone87 said, it depends on the state laws. Some states have already ruled that independent contractors are protected against discrimination in the formation and termination of their 'contracts.'
pre- law doesn't mean anything. I have a degree in econ and you are no more of a law student than I am. obviously this girl is asking if she can successfully sue her employer, not if she can file some documents that will certainly lead to nothing. the answer is no, she cannot successfully sue. some of the examples you mentioned are completely different areas and yes those claims are more valid.
and if you were thinking all along that this lawsuit would be a fruitless endeavor than why would you be so positive about it in your first post? most lawyers won't accept this case and the few that will will demand a high retainer (my customer charges $5000 but often this is just a small percentage of the final bill). they will not do this case pro bono because they know its a waste of time. she'd most likely have to pay the clubs legal fees which are a lot more expensive...they will have a corporate firm that will have racked up dozens of billable hrs, most likely at $500-800/hr. its just a terrible idea.
Re: Can you sue a club owner for firing you while you're out on pregnancy?
Quote:
Originally Posted by
charlotte.
pre- law doesn't mean anything. I have a degree in econ and you are no more of a law student than I am. obviously this girl is asking if she can successfully sue her employer, not if she can file some documents that will certainly lead to nothing. the answer is no, she cannot successfully sue. some of the examples you mentioned are completely different areas and yes those claims are more valid.
and if you were thinking all along that this lawsuit would be a fruitless endeavor than why would you be so positive about it in your first post? most lawyers won't accept this case and the few that will will demand a high retainer (my customer charges $5000 but often this is just a small percentage of the final bill). they will not do this case pro bono because they know its a waste of time. she'd most likely have to pay the clubs legal fees which are a lot more expensive...they will have a corporate firm that will have racked up dozens of billable hrs, most likely at $500-800/hr. its just a terrible idea.
Lol. Now you are arguing just to argue. I have stated already that it's very unlikely that she will win her case. However, I knew that people would come on here saying that it's impossible and bringing up independent contractors' lack of rights so I informed her on the truth. You are only as "pre-law" as I am if you are actively pursuing law school. That's what makes someone pre-law. If you are, kudos. If you're not, you're not pre-law. I'm not going to sit here and argue with someone when everything I've said has been a truism (albeit some are unlikely scenarios). Just because something is not plausible doesn't mean it's not possible and therefore I won't withhold facts. And there is a plethora of court cases / statutes that seemed 'implausible' in their time, so of course I am going to mention actual possibilities. So why are you going back and forth with me? Lol. I'm done with this issue.