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dlgriff7 · May 4, 2012, 06:21 AM

So... a friend of mine who is a bartender, got a call before his work schedule. His boss (the owner of the bar), called and told him he's not comfortable with him working at a the bar because he has a black eye. He didn't just ask that he didn't report to work that night... he actually fired him! Now this is the guy (the owner/manager) who was partying the night prior in the same bar, as my friend was serving his drinks all evening (w/the black eye in tact during that time). My friend asked if his being fired had anything to do with his performance... manager/owner said, oh no... you do a great job, etc... and you should continue to come down to the bar and hang out (are you kidding me.. really?). Anyway, my gut instinct tells me that this has to be against the law, as there were no verbal nor written notifications indicating that anyone would get fired or asked not to work when they have bruises, black eyes, etc. What should he do?? More importantly, is this even legal? I can't imagine that having a black eye is reason enough for dismissal.

Recommendations for direction/recourse would be appreciated.

Thanks,

Dlgriff7

ballengerb1 · May 4, 2012, 08:05 AM

Most employees are consider "at will" employees. You do not have to have any cause to dismiss them. Where is this?

smoothy · May 4, 2012, 08:07 AM

Originally Posted by dlgriff7

So ... a friend of mine who is a bartender, got a call before his work schedule. His boss (the owner of the bar), called and told him he's not comfortable with him working at a the bar because he has a black eye. He didn't just ask that he didn't report to work that night ... he actually fired him! Now this is the guy (the owner/manager) who was partying the night prior in the same bar, as my friend was serving his drinks all evening (w/the black eye in tact during that time). My friend asked if his being fired had anything to do with his performance ... manager/owner said, oh no ... you do a great job, etc .... and you should continue to come down to the bar and hang out (are you kidding me .. really?). Anyway, my gut instinct tells me that this has to be against the law, as there were no verbal nor written notifications indicating that anyone would get fired or asked not to work when they have bruises, black eyes, etc. What should he do??? More importantly, is this even legal? I can't imagine that having a black eye is reason enough for dismissal.

Recommendations for direction/recourse would be appreciated.

Thanks,

Dlgriff7

I assume he doesn't have a labor contract... if he didn't have that or belong to a Bartenders Union... then he was an AT-WILL employee...

As such the boss didn't need an excuse to terminate him... There are very limited protections that are exceptions to that rule... but having a black eye wasn't one of them.

Sorry... nothing he can do... but look for a job somewhere else.