i work at a bar in chicago. there is at will employment, which i gather means they can hire and fire at will. i have worked at this facility for 3.5years. i have given excellent service and there is written and verbal documentation.
recently they fired and hired new management. there is talk of firing and hiring new, young, hot bartenders. the firing has not begun, but the hiring has.
the new manager has told me many times in front of other employees that i am old. i'm also overweight~ which he has not commented on, but he has a thing for hot girls (as most men do) and he goes to bars with these girls until 5am almost every night.
in combination with him saying he wants "young, hot" girls to work their to bring in business i assume i am also on my way out.
is this age discrimination? is there anything i can do?
2006-12-04 14:24:58 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
"You should not be overweight and in that kind of employment you cannot age. Lose weight and have a nip and tuck here and there and you can keep the job. "
yeahhhh.... i do a great job and my weight has nothing to do with it. people tell me all the time i'm an excellent bartender. i'm fast and friendly.
this place is never going to say this is why they are firing me... if they do. i just want to know if i have leverage if they let me go, considering i think this may be illegal to age dicriminate.
2006-12-04 14:35:23 · update #1
always gotta know you assume things you don't know. i have a bachelors of science and almost a bachelors of fine arts. i'm pursuing another career. but it a day and age where entry level wages are 30,000 and student loans are 100,000+ i need a job to pay my bills while in school and a second job to pay the loans when i get started. i'm an asset to thos company and for this i hope they leave me and my job alone for now.
2006-12-05 14:12:31 · update #2
This is age discrimination and if you are fired b/c they want younger workers then you have a viable suit under 29 u.s.c.a. 621 which prohibits an employer from discriminating against an individual with respect to compensation, terms, conditions, or privileges of employment because of the individual's age.
one way courts allow plaintiffs to prove intentional discrimination is through presentation of "direct evidence" of discrimination, which requires an employer then to show by a preponderance of evidence that it would have taken the same employment action even if it had not considered the illegitimate criteria.
the courts, have defined "direct evidence" to exclude stray remarks, statements by nondecisionmakers, or statements by decisionmakers unrelated to the decisional process, but to include employer remarks that reflect a discriminatory attitude or discriminatory animus in the employment decision.
The remarks about your age he has made seem more in line with stray remarks rather than reflecting a discriminatroy animus inthe employment decision. If he were to say, "You are to old to work here as a bartender," that would be a differene story.
My advice is to not give him a reason to fire you and keep a diary of all the comments or direct evidence you observe.
2006-12-04 14:44:50 · answer #1 · answered by orzoff 4 · 1⤊ 0⤋
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2016-10-14 00:55:03 · answer #2 · answered by ? 4 · 0⤊ 0⤋
In reality, no. Unless you are a minority of a certain kind. You should not be overweight and in that kind of employment you cannot age. Lose weight and have a nip and tuck here and there and you can keep the job. Otherwise, apply for a case management job with the county Office on Aging.
Fraginal-ako means well but he is not being realistic. Employer would never say you were being fired for aging, he would just say "She wasn't working out well. I felt she was a liability to the business." Then, with your checkbook ready, go into court and prove it was age discrimination. He will bring up every little mistake or miscomment you made and make you look silly trying to keep such a job. What would your damages be? A couple of hundred dollars in lost wages? Also, you can go to any bar and get hired. I suggest you go to community college and get a skill of value, one with a future.
2006-12-04 14:31:32 · answer #3 · answered by ALWAYS GOTTA KNOW 5 · 0⤊ 1⤋
I'm an ex-bartender from Chicago, if you have been there that long, of course you have your rights, many of them. If you get fired for no other reason than you are old or over weight you are being discriminated against. There are a lot of lawyers out their that would love your case. Start documenting everything and date it. Don't let on to others what you are doing, or you won't have a chance. Especially in a bar, you should know this. Then seek legal counsel.
2006-12-04 14:45:43 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Not only discrimination, but sexual harassment too... I don't know what state you are in or if it is a right to work state, but there should be a bulletin board with legal information and your rights etc somewhere where the employees can see it. Read it and find out what agency in your state you need to contact... File a complaint. The worst the agency can do is tell you they can't help you... if they are not the right agency, they will usually tell you where to go to get the help. I had a similar experience when I was young in California, I went to the something like the Employment Commissioner... If you cannot find the agency to contact, find out who your congressman is and write him a polite letter asking who to send sexual harassment and age discrimination complaints to... they have great big staffs who will locate the information for you or they probably already know... that is what I had to do back then.
Good Luck
2006-12-04 14:31:51 · answer #5 · answered by Peggy G 2 · 1⤊ 0⤋
If you are in a right to work state, they can fire you because they dont like the color of your hair. Alot of bars in Va. can do the same, for public intake and etc. If it s at will employment, and i were you, i d be looking for a better place, if they re looking for looks over service, they re heading downhill already.
2006-12-04 14:34:56 · answer #6 · answered by Harry W 2 · 1⤊ 0⤋
Sounds like you want to look for another job because looks over service will is the worst combination! Check out Hooters the girls there all look great and half don't even have hooters! Just cute faces and nasty attitudes.
2006-12-04 15:29:53 · answer #7 · answered by mr_killer_man 2 · 0⤊ 0⤋
Age discrimination is not a valid cause for termination under the Labor Laws. If you are dismissed from employment due to age, you can readily file it in court and be reinstated plus damages.
2006-12-04 14:28:50 · answer #8 · answered by FRAGINAL, JTM 7 · 1⤊ 1⤋
go to nlrb...national labor relations board ....at will is just that without a union to protect your rights as a employee ....NLRB is your only source . unless you marry the manager or owner then if you marry the owner Your the boss ! although , if any one should be terminated by what i've read it would be that manager !tar and feathered and tied to the rail !
2006-12-04 14:36:48 · answer #9 · answered by josh s 3 · 0⤊ 0⤋
That's out and out discrimination. In cases like these,my advice is always the same,document,document,document! ;-)=
2006-12-04 14:34:22 · answer #10 · answered by Jcontrols 6 · 1⤊ 0⤋