[DiBellaBam]

She's hearing impaired and her boss is a total douche. He'll yell at her in front of everyone and say stuff like "CAN YOU HEAR ME NOW". It's bad. Even the dude's family won't work for him because he is the biggest douche I have ever met. Imagine an older, grumpier, more douchey version of EaG merged with the soup nazi.

So she called in Monday to quit because he wasn't around last Saturday. It was just too stressful, and nobody deserves to be publicly humiliated every time they go in to work based on a disability they didn't choose to have. So he hangs up on her mid conversation and she's going in tomorrow to get her last check and I said I'd go with her.

She just suggested we eat breakfast there.

What. The. Hell.

Who quits a job the utterly loathe, because their boss is the world's biggest prick, and then suggests patronizing his establishment before asking him for her final check. I'm sure he'd just refuse to serve her and probably kick us out. I've also considered seeing what legal action could possibly be taken to make his life tough, since Title VII of the Americans with Disabilities Act prohibits harassing an employee in regards to their disability.

[CarrieSexy]

You should really punch him in the face. Hard.

[Jeaxatoem]

She's hearing impaired and her boss is a total douche. He'll yell at her in front of everyone and say stuff like "CAN YOU HEAR ME NOW". It's bad. Even the dude's family won't work for him because he is the biggest douche I have ever met. Imagine an older, grumpier, more douchey version of EaG merged with the soup nazi.

So she called in Monday to quit because he wasn't around last Saturday. It was just too stressful, and nobody deserves to be publicly humiliated every time they go in to work based on a disability they didn't choose to have. So he hangs up on her mid conversation and she's going in tomorrow to get her last check and I said I'd go with her.

She just suggested we eat breakfast there.

What. The. Hell.

Who quits a job the utterly loathe, because their boss is the world's biggest prick, and then suggests patronizing his establishment before asking him for her final check. I'm sure he'd just refuse to serve her and probably kick us out. I've also considered seeing what legal action could possibly be taken to make his life tough, since Title VII of the Americans with Disabilities Act prohibits harassing an employee in regards to their disability.

Its a bad situation and eating breakfast there sounds like a terrible decision. Also, don't pursue any legal actions it's a waste of time and money for something that isn't even an issue anymore. (she quit of her own accord) While it may make his life tough it would make yours far more difficult than you might think, especially if it's a corporate restaurant. You also don't really have grounds to sue. Get the last check and never go there again. If you need to vent go bash the establishment online and/or call his superior.

[fgfblog]

Whats the place name? So, we could google it and give it a bad review.

[Jourgenz]

You should really punch him in the face. Hard.

I agree with this.

[Niobaralegra]

No idea what the legislation is like over there, down here tha'd still be actionable as it'd be called, IIRC, "Constructive Dismissal" - just checked* and that's correct - it can also be applied in the US according to this

"United States law In the United States, constructive discharge has differing meanings depending on the jurisdiction. In California, the California Supreme Court defines constructive discharge as follows:
"In order to establish a constructive discharge, an employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign." Turner v. Anheuser-Busch, Inc., 7 Cal. 4th 1238, 1251, 876 P.2d 1022 (1994)."

It would certainly seem like your girlfriend has a damned sound case - she should be checking with a lawyer exactly what's entailed. I expect she can provide multiple witnesses and perhaps it's even been caught on surveilence tapes.




*http://en.wikipedia.org/wiki/Constructive_dismissal

[DrKirkNoliss]

Pretty sure here in Australia they are legally required to pay you for the time you worked for a particular week/fortnight/month even if you quit halfway through. If they don't you can put in a complaint or report the manager/boss to the ombudsman (no charge to you) who will go in and rape his ass (in a non literal sense).

Also harassment in the workforce in Australia is a serious offense, even if your the boss you can still be jailed and pay fines in the 6 figure category. Or if you get sacked for no good reason you can sue for unfair dismissal.

[soryalomop]

She's probably confused, hurt, and who knows what other feelings women feel that they don't tell you about. Unfortunately, some people in this world are total assholes, and I'm sure she deserves much better than working for someone like that. Outside of sexual harassment, there really isn't much she can do legally other than finding a place that appreciates her more and never stepping into that place again. A good start would be NOT getting breakfast there.

For instance, I just had to throw two guys out of a bar that I don't even work at (but do frequent). A girl was closing by herself, and these two retards refused to leave and demanded more beer. It's a pretty popular place locally, and one that usually doesn't draw a shitty crowd (probably due to the over-priced, yet tasty beer). For such an establishment they really should have bouncers there just in case things get out of hand. They started getting roudy, and I had to literally toss them out. She complained about the lack of safety, so I basically told her if her boss doesn't appreciate her safety enough to hire some security, maybe it's time to find another place to work.

[lLianneForbess]

No idea what the legislation is like over there, down here tha'd still be actionable as it'd be called, IIRC, "Constructive Dismissal" - just checked* and that's correct - it can also be applied in the US according to this

"United States law In the United States, constructive discharge has differing meanings depending on the jurisdiction. In California, the California Supreme Court defines constructive discharge as follows:
"In order to establish a constructive discharge, an employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign." Turner v. Anheuser-Busch, Inc., 7 Cal. 4th 1238, 1251, 876 P.2d 1022 (1994)."

It would certainly seem like your girlfriend has a damned sound case - she should be checking with a lawyer exactly what's entailed. I expect she can provide multiple witnesses and perhaps it's even been caught on surveilence tapes.




*http://en.wikipedia.org/wiki/Constructive_dismissal

You know absolutely nothing of the law and how it works here. Unless Rainwind resides in California that case has absolutely no bearing on anything. Just to inform you, the case you cited overturned a prior ruling of summary judgment, it did not actually rule on the original claim. Also if you actually read the case (which clearly you didn't) you would've realized that the circumstances in that case are wildly different than Rainwind's.

working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign. Any half-way decent lawyer would be able to destroy Rainwind's case according to the above elements of constructive dismissal coupled with actual knowledge of the case you cited and what Rainwind has told us of the situation. Gordo please refrain from offering legal advice, especially legal advice you recently obtained from wikipedia. I've seen lawyers cite wikipedia in their motions and briefings, it never goes over well for them.

Again Rainwind, pursuing a legal solution to this case would prove to be very costly and a significant waste of time for a low paying job. If it was an office environment or a salaried position under contract then you might have something to go on about, but not a waitress. I'm assuming she was a waitress as its a restaurant.

[posimoka]

Go for breakfast, couple of cockroaches in a box, leave and then phone Environmental health. Job done.

[dyestymum]

Go for breakfast, couple of cockroaches in a box, leave and then phone Environmental health. Job done.

Yeah, you are a real classy guy.[thumbdown]

[Meerenuch]

Yeah, you are a real classy guy.[thumbdown]

Sorry! did you not pick up on the sarcasm/joke, maybe a row of smilies would make you understand a bit better. [yawn]

[quack!]

Yeah, you are a real classy guy.[thumbdown]

Dude, a 9 year old would have seen that was a joke. Having a rough day?

[Paiblyelaxy]

I agree with this.

Thirded

[lorryuncori]

Dude, a 9 year old would have seen that was a joke. Having a rough day?

Yeah, I got little sleep and have had headache all day.

Edit: It was still a terrible joke.

[Rinkeliacasse]

Yeah, I got little sleep and have had headache all day.

Edit: It was still a terrible joke.

I agree, It was bad, but better than going Postal. [thumbup]

[favwebbb]

Here is what it comes down to, can she get others to testify to the abuse/negative work atmosphere that caused her to see no other choice but to quit? Lawsuit wise their is very little she can do, but with witness testimony(phone interview, iirc) she could still plead her case to the unemployment office and get unemployment even though she willingly resigned.

[MP+4]

Here is what it comes down to, can she get others to testify to the abuse/negative work atmosphere that caused her to see no other choice but to quit? Lawsuit wise their is very little she can do, but with witness testimony(phone interview, iirc) she could still plead her case to the unemployment office and get unemployment even though she willingly resigned.

A very sensible course of action.

[RokeIdeadioke]

You know absolutely nothing of the law and how it works here. Unless Rainwind resides in California that case has absolutely no bearing on anything. Just to inform you, the case you cited overturned a prior ruling of summary judgment, it did not actually rule on the original claim. Also if you actually read the case (which clearly you didn't) you would've realized that the circumstances in that case are wildly different than Rainwind's.

Any half-way decent lawyer would be able to destroy Rainwind's case according to the above elements of constructive dismissal coupled with actual knowledge of the case you cited and what Rainwind has told us of the situation. Gordo please refrain from offering legal advice, especially legal advice you recently obtained from wikipedia. I've seen lawyers cite wikipedia in their motions and briefings, it never goes over well for them.

Again Rainwind, pursuing a legal solution to this case would prove to be very costly and a significant waste of time for a low paying job. If it was an office environment or a salaried position under contract then you might have something to go on about, but not a waitress. I'm assuming she was a waitress as its a restaurant.

Seems you know less[shocked], similar 'constructive dismissal' have occured in a number of other states to the plaintiffs advantage. Suggest you do some more checking - also referred to as 'constructive discharge'.

Rainwind, if she wants to pursue it, she should be able to get a legal opinion from a lawyer for a nominal fee, She may also be able to get an opinion from a consumer or business beaureu.

However, 'lancer is correct, it may not be worth it in financial terms (unless you get something like a "no-win, no fee" lawyer who'd want a sizeable share of any settlement). Being deaf may be seen as an advantage in her case if the abuse can be proved to be directed at her deafness, as seems apparent, as if would fall directly into a discrimnination case.

Bottom line, get a legal opinion.

[hacyOrgachbic]

Here is what it comes down to, can she get others to testify to the abuse/negative work atmosphere that caused her to see no other choice but to quit? Lawsuit wise their is very little she can do, but with witness testimony(phone interview, iirc) she could still plead her case to the unemployment office and get unemployment even though she willingly resigned.

Seems that a number of states consider 'constructive dismissal' or 'constructive discharge' as an exception to the usual volunteered resignation. Worth chasing up for advice if that would apply

Don't forget to see what her local deaf association, society, or whatever have to say - they may well help her with whatever she decides to do.

Forgot - which state is this taking place in? That can make a big difference, as 'lancer said?