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(Daily Mail)   Waitress sues bar after she was forced to wear a schoolgirl uniform with a fan blowing up her skirt. Problem?   ( divider line
    More: Amusing, Cate Edwards, Courtney Scaramella, cocktail waitress, Westwood, armed police, O'Hara, Scarlett Johansson, KTLA  
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23862 clicks; posted to Main » on 28 Jun 2012 at 1:04 AM (5 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»

Voting Results (Smartest)
View Voting Results: Smartest and Funniest

2012-06-28 01:03:07 AM  
9 votes:
Meh, I dunno how I'd feel about working somewhere for four years and suddenly a managerial change means I'm filing TPS reports in a Speedo, or I'm fired. It kind of shoots down the whole "if you don't want to be objectified at Hooters, don't apply to Hooters" argument. Don't get me wrong, I have a magnificent package and a perfect body that I love to show off*. But it would still be awkward for me to be booted from a job unless I sexed it up.

*these statements have not been evaluated by the FDA
2012-06-28 01:13:22 AM  
5 votes:
That reads like a checklist for a constructive dismissal suit. No, she didn't quit. You forced her out by reducing her hours and making the place a difficult environment for her to work in.

Add in the retaliation, and you've got a fun little suit going. I bet that line about proving the claims baseless dies pretty quickly when their lawyer can't stop laughing for .4 billable hours.
2012-06-28 01:55:58 AM  
4 votes:

steamingpile: cptjeff: That reads like a checklist for a constructive dismissal suit. No, she didn't quit. You forced her out by reducing her hours and making the place a difficult environment for her to work in.

Add in the retaliation, and you've got a fun little suit going. I bet that line about proving the claims baseless dies pretty quickly when their lawyer can't stop laughing for .4 billable hours.

If they can prove loss of revenue because a similar bar opened up nearby then that argument is gone, we have a bar here called tilted kilt. Its women dressed about the same but its weird because the service sucks, usually that's not a big deal but when even the hot women can't distract you from the fact you've been sitting without a beer for 30 mins then its a problem.

The argument doesn't go away due to a nearby bar doing anything. She encountered something she thought was harassment, the changed the policy, and then they retaliated against her. Regardless of if the first element could be considered harassment (the skirt probably couldn't, but the fan sure as hell would be) the retaliation is more than enough to win her a big payout.

Simple tip for employers: when you have a dubious policy, and walk it back in response to an employee complaint, don't make that person's life difficult. Because the legal system will lodge a boot so far up your ass...

If she wanted to allege sexual harassment just for the uniform, she would lose. The fan up the skirt deliberately designed to expose the waitresses? She has a decent chance of winning. Retaliation for complaining? So far up your ass.... The constructive dismissal is easy to prove, and pretty obvious retaliation for complaining. That's one of the biggest no-nos in the book, and she's going to get a hefty payout.
2012-06-28 05:45:17 AM  
3 votes:

mithras_angel: Can this be a hot waitress thread?

I had a crap day at work, and need some cheering up.

As you wish.

Here are the beers that you ordered.
2012-06-28 03:01:27 AM  
3 votes:

tinfoil-hat maggie: Yep, if you work at a restaurant so many things can change from the management , the food, the attire and if you hate it leave.

Except you shouldn't have to feel harassed or uncomfortable. Changing the buffalo sauce recipe and the color of the staff's shirt doesn't do that.

I'm kinda surprised I'm the one here defending this girl. You don't want to know what sort of douchey things I've done in the name of womanizing. And this thread is basically saying, "Well if she doesn't like being trotted out like a slut, it's her fault for losing the job."

2012-06-28 02:55:56 AM  
3 votes:

Leet Jesus: Original agreement?

Do you not think that a clerk at Circle K has the reasonable expectation of not being asked to wear fishnet stockings to work next week? The "agreement" here is just common sense. Of course there's no contract. But I can see you're on the side of only the middle and upper class employees who sign such a thing.

I don't feel that anyone who took a job should be fired (or forced to quit) because the environment changed to a sexually charged atmosphere with new managers. I love tits and ass, but this girl kinda has a point.
2012-06-28 08:54:41 AM  
2 votes:

illannoyin: /I have farked more hot bartenders than you've had hot dinners
2012-06-28 07:34:03 AM  
2 votes:
A followup question about this place: what is the uniform for male employees?

Hope she wins her case. This objectifying women thing is uncivilized and boorish.

I only have a GED I'm law, but I think that if a fan was blowing up her skirt at the register, the owners are farked, as they should be. Waitresses have a reasonable expectation of not being forced to flash customers as a part of their job.
2012-06-27 11:54:35 PM  
2 votes:
Who was the fan blowing up her skirt? :)
2012-06-29 02:47:28 AM  
1 vote:

lolcifer: I must have always been lurking in the wrong thread, because I'd never seen Grables' Daughter until today.

My immediate reaction:

[ image 308x313]


If only there was a way to be notified about these threads...
2012-06-28 05:32:27 PM  
1 vote:

tinfoil-hat maggie: I have to ask, what happened to the beer?
/This is important

Here's your answer.
2012-06-28 03:53:23 PM  
1 vote:

SearchN: I just find it interesting as to the amount of BS farkettes have to deal with.

Some of you jackholes nearly drove of one of my favorite farkettes. Is it too hard to keep it civilized?

/Not you, SearchN. You do good work.
2012-06-28 10:41:21 AM  
1 vote:
2012-06-28 10:40:13 AM  
1 vote:
2012-06-28 10:23:01 AM  
1 vote:

SmellsLikePoo: Grables'Daughter: SmellsLikePoo: Grables'Daughter:

I love that outfit.

[ image 640x743]

2012-06-28 09:59:48 AM  
1 vote:
2012-06-28 09:19:28 AM  
1 vote:

/hot like a bookmark
/bie? eip
2012-06-28 07:35:08 AM  
1 vote:
In most common law jurisdictions the employer and employee have a contract of employment, which can be written or oral. The terms of the contract can develop and be modified over time by the behavior of the parties. If behavior that is technically contrary to the contract is accepted, or condoned, it becomes part of the contract.

A contract between parties requires a meeting of the minds of the parties as to its terms. If, after entering into an employment contract, one party tries to unilaterally alter its terms and the other party does not agree, the contract has been breached. If the party breaching is the employee, the employer can terminate the employee. If the employer makes the unilateral change, the employee may claim that the change is grounds for constructive dismissal and claim damages as a result.

This woman had a contract of employment that did not include a skimpy outfit. After 4 years of doing things one way, suddenly things were changed without her agreement. The article mentions new management, however it does not say that her employer changed.

The argument against unions and labour laws is that they diminish the right of employees and employers to negotiate the terms of employment. That's great, as long as there are consequences to deal with breaches of the agreement. Otherwise, it is just a matter of the employer being able to do whatever it wants whenever it wants and the employee is left with the the choice of take it or leave it.
2012-06-28 05:37:14 AM  
1 vote:
What's with the fan? I would put some pretty good odds on a camera hidden in it somewhere.
2012-06-28 04:58:25 AM  
1 vote:
Sounds like constructive dismissal to me. Considering how stupid they've been about it, it's only going to be a few months before the uniforms are changed back to slut.

And generally a bad move- A bar with unhappy staff is a horrible place to drink, fark them over and you lose a lot of your regulars.
2012-06-28 03:56:55 AM  
1 vote:

tinfoil-hat maggie: namatad: tinfoil-hat maggie: //Hey just look below : )

great, now I have to fap, AGAIN?

Just find the movie Room in Rome and you'll never again : )
Has nothing schoolgirls or well anything just sharing.
[ image 222x500]

I just noticed I somehow dropped "leave you're bunk" from "Just find the movie Room in Rome and you'll never again"
Just check it out : )
/What a schoolgirl studying might look like : )
2012-06-28 02:11:14 AM  
1 vote:
I didn't read TFA, but I'll just assume that Gloria Allred is behind this.
2012-06-28 01:34:37 AM  
1 vote:

Hoopy Frood: She's 23 and worked at a bar for four years?

Apparently no one has explained to you just how much hot bartender chicks can make by working 2 six-hour shifts per week. The reason people think strippers are so stupid is because they don't know either, so don't feel bad.

/knew girls that could make $300/night EASY, in tips alone, for just looking hot and putting up with a couple marriage proposals per hour...
2012-06-28 12:12:42 AM  
1 vote:
Sounds like her bar was kinda fun. Free shots to hotties, skimpy outfits, and the rest.
2012-06-27 09:42:55 PM  
1 vote:
boss just wanted her have a cool and dry vajayjay....oh, i see the problem.
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