Is it discrimination on the basis of gender if I am fired because my boss' wife was threatened by my looks?

[Eekamouse]

They wouldn't be firing you because you're a woman. They'd be firing you because you are a slut.

 

[cbg]

"We're going to fire Skylar because she's a woman" would be firing you because of your gender. And that would be illegal.

"We're going to fire Skylar because (pick all that apply); (a) "She's too pretty and the boss's wife is threatened by her" (b) "We've just found out that she omitted information on her application/in her interview that might have made a difference in her hiring decision" (c) "Information about her behavior at her former employer has led us to believe that she makes bad decisions and we don't want her making similar decisions here (d) she admits to some lies about her former employment (e) she assaulted someone" are all LEGAL reasons to fire you.

FYI (a) would be discrimination on the basis of APPEARANCE, not gender. Unfortunately for you, discrimination on the basis of appearance is only illegal in Michigan and Washington DC, and not always there.

Nice try but no cigar.

 

[cbg]

how is that fair?

The law doesn't give one hoot if it's 'fair". The law only cares if it's legal. Besides, fair is in the eye of the beholder. The rumors may be "unsubstantiated" in your eyes, but from what you're telling us they're TRUE.

after probation that they have to pay me one month salary for every year I worked there.

Please post a link to the law that says so.

 

[stealth2]

Please post a link to the law that says so.

@cbg, she claims to have a contract (in response to @adjusterjack 's query about a contract):

It says that I can be fired for any reason during probation with no severance pay, but if I am fired without cause after probation that they have to pay me one month salary for every year I worked there. I have worked there since September.

Except, of course, they won't be firing her without cause. Will they...

 

[cbg]

@cbg, she claims to have a contract (in response to @adjusterjack 's query about a contract):

Except, of course, they won't be firing her without cause. Will they...

Since she hasn't worked there a year yet, they wouldn't have to pay her anything under the clause as she's stated it; a month FOR EVERY YEAR SHE"S WORKED THERE. She's only worked there six months, or less depending on when in September she was hired. That's why I wondered if she thought there was a statute (which of course there isn't).

 

[Skylar91]

EDIT

 

[Skylar91]

Since the situation is hostile - why do you want to stay there? Move on and find another job.

That might be the best option for me now. I just am worried my boss' wife will try to ruin my reputation wherever I go next.

 

[Skylar91]

"We're going to fire Skylar because she's a woman" would be firing you because of your gender. And that would be illegal.

"We're going to fire Skylar because (pick all that apply); (a) "She's too pretty and the boss's wife is threatened by her" (b) "We've just found out that she omitted information on her application/in her interview that might have made a difference in her hiring decision" (c) "Information about her behavior at her former employer has led us to believe that she makes bad decisions and we don't want her making similar decisions here (d) she admits to some lies about her former employment (e) she assaulted someone" are all LEGAL reasons to fire you.

FYI (a) would be discrimination on the basis of APPEARANCE, not gender. Unfortunately for you, discrimination on the basis of appearance is only illegal in Michigan and Washington DC, and not always there.

Nice try but no cigar.

Okay, good to knows. I mean I think a) could potentially arguably be discrimination on the basis of gender because his wife would not care if I was a handsome man. But it sounds like most people here think I have a losing case if I get fired.

Thanks for the info.

 

[Skylar91]

Since she hasn't worked there a year yet, they wouldn't have to pay her anything under the clause as she's stated it; a month FOR EVERY YEAR SHE"S WORKED THERE. She's only worked there six months, or less depending on when in September she was hired. That's why I wondered if she thought there was a statute (which of course there isn't).

Oh I see. The managing partner at my previous firm mentioned something like "payment in lieu" which is what I thought he was referring to. That sucks if I get nothing for the six months I was there.

 

[Skylar91]

EDIT

 

[Zigner]

That might be the best option for me now. I just am worried my boss' wife will try to ruin my reputation wherever I go next.

No, no, no. You have it wrong. YOU ruined your reputation.

 

[PayrollHRGuy]

But it seems wrong to judge my future actions from my past actions

My God you are dense. Everyone does that every day. It is the entire point of a resume.

 

[adjusterjack]

If a man

If you went to court with the "If a man" thing, you would lose.

 

[Eekamouse]

Oh I see. The managing partner at my previous firm mentioned something like "payment in lieu" which is what I thought he was referring to. That sucks if I get nothing for the six months I was there.

Well, you got your paychecks, didn't you? What do you think you're entitled to after a whole six months?

 

[zddoodah]

I get that they can fire me for any reason unless it's illegal - but my understanding is that gender falls under a discriminated ground and it's illegal to fire someone based on gender.

You wouldn't be getting fired for your gender. You'd be getting fired for suspicion of "bad judgement errors" - i.e., inappropriate fraternization with co-workers - and for going "to [to the] house [of one of your former paramours and] confront[ing] his wife . . . [and] assaulting her." I bet she wouldn't be afraid to speak truthfully about this.

That's why I was asking if it falls under gender discrimination.

The answer is that this has nothing to do with your gender.

I get that may be how the law works that you can be fired for gossip and unsubstantiated rumors, but how is that fair?

In some situations it might not be fair, but yours would not be one of those situations.

If someone doesn't like their coworker they can just make up a bunch of stuff that they did at their previous place of employment to get them fired?

Could it happen? Sure. However, in 35 or so years in "real" jobs, I've only once had a co-worker with whom I had worked at a prior job. Could I make up stuff that Joe Blow supposedly did at his prior job? Sure I could, but it wouldn't be believable.

it seems wrong to judge my future actions from my past actions

How else would you judge someone? Past actions are the only ones anyone knows about.

That sucks if I get nothing for the six months I was there.

You got paychecks, right?

If you get fired, it won't be because of gender. It will be because your previous behavior makes you a risk to your employer. You're tainted just like a salvage title makes a car undesirable for purchase.

I think this is a good analogy.