bad karma at karma

Dec 23, 2008 11:55

My sister in law works at Karma Salon and Spa on Miller Lane in Dayton ( Read more... )

lisa, job, salon, pregnant, family, karma, fired

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Comments 15

anywhereanyone December 23 2008, 17:52:29 UTC
I think it might depend on Ohio's labor laws. She can definitely file for unemployment which her former boss would have to pay for.

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devine_desire December 23 2008, 18:19:37 UTC
I'm pretty sure he couldn't fire here die to her "disability". SHe should look into with the department of labor. I use to work hiring people at a temporary agency and one of the big no nos was firing a pregnent woman due to her not being abke to perform certain functions. That really sucks ass though.

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ninjarogers December 23 2008, 18:57:41 UTC
I'm not sure, but I'd say she couldn't sue him. Only because she wasn't able to perform an aspect of her job due to her choice of being pregnant. I could be wrong about that, though.

But whether it's legal or not, he's a piece of shit, and if your sister and he didn't get along, was probably just looking for an excuse to get rid of her (and if you could prove that, then she might have a case).

Someone at my office was "let go" recently, in a sweep of downsizing, but it's obvious to everyone here that they were using it as an excuse to fire her for no justifiable reason because she didn't "tow the company line". Especially since they then went ahead and hired someone new for a job she could've done. Bah.

Anyway. I hope your sister can find something else. And that in the meantime, she gets on unemployment.

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gemcitytiffany December 23 2008, 23:57:58 UTC
Well, pregnancy is considered more than just a choice. Its a right. And as a right, there are mant laws in place to protect pregnant women in america.
I know for a fact you cannot refuse to hire someone based on the fact that they are pregnant, I just don't know if the same applies to other things.
Some states are "hire at will, fire at will states." Im not sure if ohio is one of these, but I still think there's a thin line when it comes to discrimination.

I have no doubt she'll find something else, she's excellent at what she does, its just that now she's getting ready to have this baby and she's going to be without a salon and her clients might not know where she went and how to find her when she returns to work.

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ninjarogers December 24 2008, 14:12:09 UTC
Then maybe she should try and sue him after all. Or atleast get employment watchdogs onto him (if such a thing exists in the U.S. - I know it does in Oz).

And I didn't mean any offense by the choice comment. I mentioned it only as a potential argument in a legal situation, if she were to sue. I'm not familiar with the the U.S. labor laws so I don't know what loopholes exists that he could take advantage of.

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wirlwind December 23 2008, 19:46:05 UTC
I don't know about the labor laws there, and me being canadian it may be different here, but here your place of employment is REQUIRED to accommodate you while pregnant, if you cannot do a certain task, than you don't have to do it, and they cannot fire you or punish you in any way. like say I was working at a job and I couldn't do a bunch of the physical tasks, than I would just have to say no and they can't make me do it..end of story. Mind you we also get paid for 1 year maternity leave as well as sick leave, so if she was in Canada her doctor would most likely just put her on restriction or would get her on early leave with sick pay...which really is just coming from unemployment....so in a way it's the same sort of thing...but she doesn't have a job anymore..which sucks.

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gemcitytiffany December 23 2008, 21:46:16 UTC
Holy crap I want to move to canada!

A YEAR paid maternity leave?? Wow!

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wirlwind December 24 2008, 21:26:08 UTC
yeah...essentially it's paid through unemployment...but it's called something else...you don't make as much as you would if you were working, but through other government pay outs like child tax credits and other things i actually make a bit more than i did when I was working...but only because my fiancee and I weren't "common law" yet.
We are pretty lucky here...between that and ohip it's good to be Canadian :) that and out igloos and sled dogs docha know ;)

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not_a_token December 23 2008, 23:15:18 UTC
Wtf?! That's fucking bullshit.

I don't know what the laws there are, but here in california that would never fly. Its discrimination. We'd have lawyers up the bosses ass!

Seriously. She needs to look into this. You cannot fire a woman because she "chooses" to get pregnant. You cannot fire a woman because she can't perform a certain duty while pregnant.

Can she have her doctor write up some notes as proof of what she can't do, due to her pregnancy? Those could come in handy.

I feel like at the very most, all they could do would be to suggest she go on a temporary leave of absence until she was able to work again.

Grrr. Shit like this pisses me off. Her boss needs to be shanked.

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gemcitytiffany December 23 2008, 23:46:42 UTC
Yeah its pretty messed up. She worked there through her first pregnancy and didn't do pedicures then and he had no issue with it. That's my main thing.
Im sure the doctor could write something.

I can't believe he would do it, let alone 3 days before xmas!

And yeah, "choosing" to be pregnant isn't something I consider at all. She's a 30 year old married woman who loves being a mom. She can do whatever she wants. Its her right as a woman to reproduce. This will be their 3rd daughter.
I just can't wait for the baby to come.

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