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Boss is a JERK


Question Posted Wednesday June 20 2007, 1:57 am

16/f

My bosses are jerks to all of their employees. This woman and her husband own the resturaunt and they don't treat us right. The woman has made all of the waitresses cry at one point or another because she gets in our faces and yells at us and accuses us of doing stuff wrong or not doing our job at all. We have confronted her about it and she just doesn't care. (she has even said so)
The man is also a jerk to us. He's always making fun of us if we forget something or make a simple mistake or if we have a question.
It really bothers all of us.
Now they are telling us that they don't want any employees under the age of 21 to work for them due to the alcohol serving issue with us being underage.
If they were to fire us just due to our age, is there anything we can do about it? Like is that some form of discrimination since they knew our ages and the laws when they hired us.

Thanks


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Razhie answered Wednesday June 20 2007, 11:42 am:
You can't file an age discrimination suit against them. A little known fact is that the federal law in the states against age discrimination only applies to those ABOVE 40. The law was designed to protect those who were being perceived as 'too old' or having their pensions snapped away by being let go. It was not intended to protect teens.

The UK and Australia have passed laws in the last few years to deal with this problem among teenagers, but to my knowledge, the US has no similar law.

Besides that, as ygsgirl said your employer could argue rather easily that they are not being discriminatory. Age discrimination is defined as having opportunity denied to a person you solely because of your age AND where age is irrelevant to the person's ability to take advantage of that opportunity.

The employer could very easily say, since this job requires the serving of alcohol, a person's age is very relevant. Doesn't really matter that they knew your age when they hired you, as I said before, you are not protected legally against ageism.

You also won't have a case against them for wrongful dismissal either. You have probably heard that you need to have 'just cause' to fire someone. Truth is, in your case they probably don't. If you are on probation, or are considered temporary or even just part-time, they can simply dismiss you. Even if you aren't, they only need to give you a week or two notice of your last day with them. Even if they don't give you this notice and you take them to court, you can only sue them for the pay you would have received in those one or two weeks you were not notified you would not be working. I'm just guessing at how much you make, but I bet it wouldn't cover the attorney fees.

My best advice to you would be to find another job, and then quit. You don’t need this bull or stress. Find some place that appreciates your work. Let them treat some girls who are over 21 like crap.

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Brandi_S answered Wednesday June 20 2007, 11:04 am:
I seriously, highly doubt it.
If you live in the US, someone under the age of 21 cannot serve alcohol. It makes it a hassle to have a 16 year old waitress for a table, and yet another 21+ waitress to serve the same people drinks.
So, if they want to make it so employee age limit is 21, they have every right to do so.
So, realistically, it isn't age discrimination since they are taking the most feasible route to abide by the liquor laws.

As for them being jerks, well at least you can say for yourself that you are prepared for the jerks you will work for in the future. Yah, a lot of bosses out there are jerks. Not all, but a lot.

ygs-29/f

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looneytune1561 answered Wednesday June 20 2007, 9:25 am:
it all depends on where you live. but you could find out who there boss/manager is and then talk to them about it.

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WhenIComeAround answered Wednesday June 20 2007, 6:08 am:
It depends where you live.

If you live in America well you know how the government is there, with the 'freedom!' so if you were to ALL lodge in a complaint to the right office they could get in trouble.

If you live in Australia I doubt you can do anything thanks to the stupid IR laws.

And if you live anywhere else, same as America. Get everyone that gets fired to lodge in a complaint to the right person.

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