Unjust or dicriminatory firing?

[Ann Lyons]

My husband has been a bartender at an establishment for 14 yrs. It has had 5 owners in that time. He was the main f/t bartender from 6:00 pm - 4:30 am M-F for the past 8 years. The current owner has owned it for 3 yrs. John was Fired Monday 1/21. The owner said, "Due to a need to change the business and secure more customers we are replacing you. Things have been bad from 9/11, it's something I have to do, it's not personal it's a business decision". John is 47 he was replaced with 3 very young tatooed, pierced sexy looking girls. Until Friday my husband had no idea there were problems or changes in the wind. He loved his position, and is a very very good bartender. He was not given any notice, never rec'd a warning never had a complaint from a customer. We understand that none of the regulars went in last week and many people actually left when they were told he wasn't there. Now that's nice to know, but his firing is more than unfair. In fact the owner has lost the customers due to many changes he made. He insulted and lost ALL sports leagues ie: darts, pool, softball and stopped serving food at night when his cook quit 1 year ago. John worked every night for the past 3 years. His shift pay was $30.00 a night. No sick time, no vac . time, No Holidays. We are aware of "Employment At-Will" that is in place in New York State, but we can not believe that individuals are left without any protection. John is a dedicated, honest and responisible person. We know that young and sexy is a "bar" thing but John did have a steady clientele. 9/11 is affecting all businesses, but to use it as a reason? In actuality this bar is busier than the others in the area, M-F. The bar is located in New York. We have filed for unemployment insurance and are entitled to $96.00 a week. John was on the books. He was the only employee on the books. ALL other employess are paid $50.00 a shift. John suppossedly gets paid less because the other $20 pays for SS and fed taxes. Does John have a case for unfair treatment?

 

[JasonRT]

He can seek a career in a more secure industry. You say that the service industry is so horrible, but he picked it.


[email protected]