"Can't sue me" new club agreement?
I've been working at a new club for a few months now and everything is going good. Last night though the manager is going around getting all the girls to sign some new papers basically stating that dancers wave our rights to come back and sue the club for anything.
I asked him if it was mandatory to sign, he said he didn't know. I told him that I wanted a few days to think about it because I don't like to sign anything without being well informed.
Have any of you experienced being asked to sign something like this? I'm not sure if I should sign it or not.
I'm not sure if this only protects them from not having to pay back hourly wages or for example if I injur myself at work due to the clubs negligence, if by signing this if I also am waving my rights to sue for that kind of thing.
I think the owner is scared of all these big class action lawsuits coming out about stripclubs having to pay back millions to dancers.
Re: "Can't sue me" new club agreement?
You'd probably have to consult w attorney, (who specializes in adult work) & or get more info..if only Melonie was on here, she'd have some great input.
I think there was actually an adult issues attorney on here, can't think of his username DL Law or something?
Normally I'd suggest nolo.com, but Idt they deal w adult stuff
Good luck
Re: "Can't sue me" new club agreement?
Yes I had a club that made me sign papers like that. It was because 2 of the large chain clubs in town had been sued and they were covering their ass. I signed it because I had only been there a month and was already thinking of leaving, so it didn't matter.
They can ask you to sign it, but that doesn't mean it will hold up in court if you DID choose to sue later. Contracts get overturned all the time because they're made in bad faith or are unenforceable by law. I have a feeling a strip club one like that wouldn't be looked on kindly by a judge and might get overruled.
Re: "Can't sue me" new club agreement?
I posted a thread about something similar a couple of years back. My sister has a law degree and pretty much says what Selina posted. I'm not saying there's no judge anywhere who would ever try to enforce that, but the general consensus is most wouldn't. What this "contract" does is mislead the less educated workers to believe they don't have any right to sue. Unfortunately, I imagine it's pretty effective. I also wouldn't recommend being too vocal about it if you want to continue to work there. I asked a manager a few questions about a similar agreement when I was doing new-hire paperwork, and he snatched the papers back and said I couldn't work there anymore.
Re: "Can't sue me" new club agreement?
Thank you all for the feedback. I think I will send in the forums to my lawyer and have him take a look at it before I sign anything.
Re: "Can't sue me" new club agreement?
Yes, I had to sign paperwork for a club after it's sister club got sued big time and lost. I doubt that kind of contract would hold up in a court of law, though.
Re: "Can't sue me" new club agreement?
Quote:
Originally Posted by
arielbriel
Yes, I had to sign paperwork for a club after it's sister club got sued big time and lost. I doubt that kind of contract would hold up in a court of law, though.
Speaking of lawsuits, there are two articles today in NY press:
http://www.nydailynews.com/new-york/...icle-1.2503554
http://nypost.com/2016/01/20/family-...s-inheritance/
Re: "Can't sue me" new club agreement?
Quote:
Originally Posted by
NakedNicole
I've been working at a new club for a few months now and everything is going good. Last night though the manager is going around getting all the girls to sign some new papers basically stating that dancers wave our rights to come back and sue the club for anything.
I asked him if it was mandatory to sign, he said he didn't know. I told him that I wanted a few days to think about it because I don't like to sign anything without being well informed.
Have any of you experienced being asked to sign something like this? I'm not sure if I should sign it or not.
I'm not sure if this only protects them from not having to pay back hourly wages or for example if I injur myself at work due to the clubs negligence, if by signing this if I also am waving my rights to sue for that kind of thing.
I think the owner is scared of all these big class action lawsuits coming out about stripclubs having to pay back millions to dancers.
I would sign it but make sure you put "Under duress or protest" next to your name, which basically means you are signing it because you are forced to but don't necessarily agree with it. If you don't agree with everything that is written in the contract then you would sign under protest; however, if they are forcing you to sign it then you would sign under duress, which in most cases completely voids the contract. They legally have to accept both signatures from you and can not say otherwise because it is against the law.
Re: "Can't sue me" new club agreement?
To to put it simply, you have no reason to sign it or feel obligated to sign it. If they fired you and you did not sign it, they would appear to be retaliating and open up a whole new world of liability anyway. It is more of a safety net to not sign it. This industry is an environment in which we are presented with a plethora of ways in which we must have self esteem and make choices not because we want to appear 'nice' but because they are good decisions to make. Don't sign paperwork because you don't want to rock the boat. I understand that it's a good idea to not bite the hand that feeds you, but this is not that in this instance. We live in a litigious society and that's that. If you need recourse for something unforeseen, by all means do not take a road or mentality that cuts you short of assuring people are accountable in some form or another.
You did a smart thing by waiting. Besides for that, a contract must have some way that both parties benefit. If you have no way of benefitting there is no substance to the contract. That's why many contracts of this nature are not enforceable.
Quote:
Originally Posted by
NakedNicole
I've been working at a new club for a few months now and everything is going good. Last night though the manager is going around getting all the girls to sign some new papers basically stating that dancers wave our rights to come back and sue the club for anything.
I asked him if it was mandatory to sign, he said he didn't know. I told him that I wanted a few days to think about it because I don't like to sign anything without being well informed.
Have any of you experienced being asked to sign something like this? I'm not sure if I should sign it or not.
I'm not sure if this only protects them from not having to pay back hourly wages or for example if I injur myself at work due to the clubs negligence, if by signing this if I also am waving my rights to sue for that kind of thing.
I think the owner is scared of all these big class action lawsuits coming out about stripclubs having to pay back millions to dancers.
Re: "Can't sue me" new club agreement?
Read the document carefully. In this case, they can't just tell you, you can't sue. They can insist on arbitration/ mediation in lieu of a civil suit. This is popular with a lot of employers and companies that use contract workers frequently.
It doesn't mean that you can't ask them to redress a complaint, but you also can't get involved in a class action lawsuit against them, either (which is really what the clubs are worried about. Most of them don't mind dealing with one dancer, but when everyone becomes a potential complainant about blanket treatment [such as house fees and dance fees], this can cost them dearly.)
Ultimately, if you will be allowed to continue working there without any problems, then don't sign anything. I avoid paperwork like the plague in regards to dancing. The less documentation, the better, IMO.
Re: "Can't sue me" new club agreement?
The last place i worked where we had to sign a contract was BS! Although it was an IC contract, she still treated us like we were employees & most often would make up "new house fees" that were much higher than what we all were paying before if we still came in around the same time each night. I ended up finally leaving there after she pretty much "terminated " my contract bc some idiot was complaining about me stealing his money & ripping him off for a dance that I did. He also grabbed my crotch & when I smacked the shit out of him he went to complain, but whatever I threatened to bring it to the attention to my attorney (which I don't really have) and she said whatever. Clubs like this are using this as a means of control. They think we're dumb. ALWAYS stand your ground!
Re: "Can't sue me" new club agreement?
I have signed papers at both the clubs I work at in Atl. They basically state that I agree to mediation before suing and I won't join in the class action stuff.
I hate paperwork but there is zero doubt in my mind they wouldn't let me work there if I didn't sign. My club doesn't need me but I need them. That's my reality.
Re: "Can't sue me" new club agreement?
My sister is an attorney and she says that no matter what kind of waiver you sign that says you won't sue them, YOU CAN ALWAYS SUE!!!! Always always always. LOL Places that ask you to sign papers like that do it mostly just to make you THINK you can't sue so that you won't try. They are capitalizing on your ignorance of your rights but you can always sue. (However it wouldn't be prudent to do so if you don't actually have a case because lawyers and court fees are expensive. But often if you go see a lawyer with your grievances and the contract and explain everything, the lawyer may show you lots of different ways that the contract is invalid or illegal or whatever and your case would do well in court, or if he writes a letter to your club, they might realize their asses are about to get handed to them and just settle with you outside of court.)
And this point about always being able to sue is true in all KINDS of contexts and contracts and liability waivers and whathaveyou, so no worries. Sign their stupid paper. Or don't if you can avoid it (just because, or like if you don't like the idea on principle) but the waiver itself does not matter - it might get mentioned in court like, "she signed a waiver she wouldn't sue us" but by that time your case is already getting heard by a judge.
Re: "Can't sue me" new club agreement?
Also, I just want to mention - if you ask the club about this like, "Even though I'm signing this, I'm pretty sure I can still sue..." They'll still say you can't, but they are not a judge and they are not lawyers, so they don't actually know. Also, if you tell them you're going to sue, they may even have some shady guy who calls you up and intimidates you and tells you you can't sue or if you do they can do such and such thing to you - well that's super illegal, and don't listen to anyone but your lawyer or a judge. You can always sue.
Re: "Can't sue me" new club agreement?
You can sue, no matter what kind of paperwork you sign. You or your attorney go to the courthouse, pay a fee, give them papers and... Wham, you're suing your club. The clerk isn't going to prevent that, simply because you signed a paper saying that you wouldn't. In fact, I don't think they can legally even ask. A judge is the one who decides if you have a claim, not a piece of paper that may or may not be worth anything.
Talk to your lawyer, get some solid legal advice for your state and make the decision that's best for you.
Re: "Can't sue me" new club agreement?
Is it an arbitration agreement? That might be enforceable, since arbitration can be held to be a remedy for anything that you would have filed a lawsuit over. Since both you and the club are agreeing to go the arbitration route, the fact that they're waiving their right to sue you is the consideration (or "benefit") you receive for signing the agreement.
If it is just a blanket agreement stating that you will never sue them over anything, that is likely unenforceable even if you sign it. They MIGHT be able to construct an enforceable agreement outlining specific, foreseeable risks you will take working as a dancer and stating that you will not sue them over those. But that doesn't sound like what they gave you.
Obligatory I-am-not-a-lawyer.
Re: "Can't sue me" new club agreement?
One of my VIP customers who is an attorney told me that this is about changing the real world economics regarding a dancer suing a club.
Without an arbitration and no class action agreement, a dancer can walk into an attorney consultation offering the possibility that a single court case might involve sizeable cash awards for unpaid minimum wage etc, She can also offer the possibility that the same favorable court ruling might be applied to dozens or hundreds of other dancers by expanding the case to a class action. With the potential of collecting 30% of the award or settlement amount paid to dozens or hundreds of dancers via a class action lawsuit, many attorneys would be willing to proceed with such a lawsuit without expecting an front money to be paid by the dancer or dancers.
But if a dancer has signed an agreement regarding arbitration and no class action, the attorney knows that filing a lawsuit on behalf is now going to be followed by a motion from the club's attorney to have the case assigned to an arbitration board. To get to any significant total amounts of award money, the attorney would first have to prove that his dancer client deserves to have her case heard in open court versus an arbitration board, and would also have to prove that a class action involving multiple dancers ( thus multiple awards ) is warranted. With a much lower probability of success, and a much lower likely total of award money available from a single dancer versus dozens of dancers, it is now much less likely that an attorney would accept such a lawsuit without the dancer being required to pay up front legal fees.
How many dancers would actually be motivated enough to be willing to hand an attorney $10,000 or whatever out of their own pocket to pursue a court case in which her chances of success are now questionable to say the least ?