Need some legal advice if there is anyone in the legal field associated with the lifestyle? Mrs Poker was fired from her job because she saw her boss at a lifestyle party over the holidays. He told her that she must keep it on the down low (understandable) and there working relationship has been strictly professional, yet she was still fired. Any advice on legal rights and legal route to follow? Anyone? Bueller? Bueller?
I'm in no way qualified to give legal advice but that's not right. If you can't find help I have two friends that can help you there vary open minded people. Hit me up if need be.
MUSICMAKERS wrote:
I'm in no way qualified to give legal advice but that's not right. If you can't find help I have two friends that can help you there vary open minded people. Hit me up if need be.
i would go after him for sexual harassment get him fryered from his job as well or hored u back
Unfortunately Utah is a right to work state and you can literally be fired for absolutely no reason whatsoever. Having said that, I agree that I'm surprised her boss fired her since she now knows he at very least attended a swinger's party. Very odd. Has she tried talking to him? Maybe ask him why and/or reassure him that she would never "out" him?
here is something most are going to overlook. itah is a right to work state,, meaning you actually dont have to have a reason to terminate.
unless her boss specifically said your fired due to your lifestyle status...
good luck, just have her move on and cut losses now, doesnt sound like a place i would want to work anyhow.
let it go, and hopefully your not thinking of a suit.... becuase a handout is a handout and lawsuits are the decay of the underbelly of our society.
unless her boss specifically said your fired due to your lifestyle status...
good luck, just have her move on and cut losses now, doesnt sound like a place i would want to work anyhow.
let it go, and hopefully your not thinking of a suit.... becuase a handout is a handout and lawsuits are the decay of the underbelly of our society.
and fyi..... look up the definition of sexuall harassment! i think some posters are cloudy on the deffinition.
Yes, Utah is Right-to-work, but that has nothing to do with sexypoker unless the question is about unions which it doesn't appear to be. Utah is also an employment at will state which is what actually applies to this situation;-).
I'd file a suit. You can bet if he doesn't want it to get out, he'll settle it quickly as a lawsuit would out him.
BTW, while Utah is an "at will" state, they still have to have a good reason for firing. If they laid you off, it's a different matter.
BTW, while Utah is an "at will" state, they still have to have a good reason for firing. If they laid you off, it's a different matter.
Damnit. I meant 'at will'. That's what I get for watching old Matlock reruns instead of studying employment law. :-P
EVILDOERS wrote:
Damnit. I meant 'at will'. That's what I get for watching old Matlock reruns instead of studying employment law. :-P
What can I say, I'm a nerd
.Are you sure you want help from people who can't speel, I mean spell or at least use spell-check? You are going to get some good advice and a lot of bad advice on here, mine included, so choose wisely padawan.
First off, you are pissed, so take the time to calm down before moving forward.
Second, this is Mrs poker's deal so you need to let her decide. Sometimes there is more to a story than your partner is willing to tell you and you need to give them room to figure it out.
Thirdly, something my grandmother used to say, "Do ya want justice or grace?" In other words are you looking for revenge, to get even, whats due ya? Or are you looking to make the best of a bad situation, realize life can be shitty and move on?
Ask yourself..Can you win? If you do, what do you win?
Mrs Poker needs a new job and this fight might just make that harder and hurt her more, in the long run, more than help.
I would suggest that she have a sit down with her boss and see if she can get a decent recommendation out of him when she goes job hunting.
Of course if this was TV (not reality) she would offer to sleep with him, meet him at a motel, dress him up in panties, drug him, take pics of him sucking your cock and then blackmail him. (but I think some of that's illegal, lol)
First off, you are pissed, so take the time to calm down before moving forward.
Second, this is Mrs poker's deal so you need to let her decide. Sometimes there is more to a story than your partner is willing to tell you and you need to give them room to figure it out.
Thirdly, something my grandmother used to say, "Do ya want justice or grace?" In other words are you looking for revenge, to get even, whats due ya? Or are you looking to make the best of a bad situation, realize life can be shitty and move on?
Ask yourself..Can you win? If you do, what do you win?
Mrs Poker needs a new job and this fight might just make that harder and hurt her more, in the long run, more than help.
I would suggest that she have a sit down with her boss and see if she can get a decent recommendation out of him when she goes job hunting.
Of course if this was TV (not reality) she would offer to sleep with him, meet him at a motel, dress him up in panties, drug him, take pics of him sucking your cock and then blackmail him. (but I think some of that's illegal, lol)
If you use sexual orientation discrimination as a framework for your action you can file under federal law and scare the shit out of him.
I didn't read all the postings here... But, wouldn't she be happier someplace else. The business will drege up every little petty thing in the world and she will be made out to be a whore and more. The boss probably didn't have a choice in the matter. Very unfortunate for her that this happened. Sorry to hear about this. Best wishes
The employment laws in Utah favor the employers. It is extremely hard to prove discrimination or sexual harassment. Unfortunately there is not much you can do about it without some hard evidence of wrong doing. Even then, it is difficult to prove.
If you are looking for a little payback, you would be better off to spread the word about this person. You would be surprised how effective it can be.
If you are looking for a little payback, you would be better off to spread the word about this person. You would be surprised how effective it can be.
Morals are a funny thing. In reality they do not really exist except by definition. A lot of businesses have morals clauses that let the business determine what morals are. Apparently this boss has a strange sense of morality but I have met people like that. Depending on what he has given as a reason for firing you, I might go to him and have him write a glowing recommendation etc. It might be better to get help finding another job than getting even.
What does your sense of morality tell you to do? That being said, what do you want to do? Any way you do it might let others know that you are in the lifestyle.
Depending how large the business is the simple act of filing a complaint may derail his advancement in the company. You claiming that he propositioned you at a party and has now fired you because you turned him down could get him fired as well. There is little rhyme or reason to what goes on. That does not get your job back though.
Depending on who the company does business with, a simple act of filing a complaint may cost the company business. It would be especially true if they are contractors/suppliers for the LDS Church etc.
I take care of computers for corporations and I can tell you that in many companies simply touching a woman
What does your sense of morality tell you to do? That being said, what do you want to do? Any way you do it might let others know that you are in the lifestyle.
Depending how large the business is the simple act of filing a complaint may derail his advancement in the company. You claiming that he propositioned you at a party and has now fired you because you turned him down could get him fired as well. There is little rhyme or reason to what goes on. That does not get your job back though.
Depending on who the company does business with, a simple act of filing a complaint may cost the company business. It would be especially true if they are contractors/suppliers for the LDS Church etc.
I take care of computers for corporations and I can tell you that in many companies simply touching a woman
try seeking employment instead of legal advice.
I'd consider what you want as an end result. I understand you want employment, but do you actually want the company to take you back? If the guy fired your for being in the lifestyle, do you really think its going to be a pleasant work environment if you convince them to take you back? I'd file for unemployment and see how that goes and look for employment elsewhere. Keep all dealings with the past employer as professional as possible as doing otherwise could hurt your chances at finding new employment. And I'd refrain from mentioning the reason you believe he fired you as well as any negative talk when interviewing with new people. It sucks really bad, but I think that's the only thing you can really do. Stay positive and find somewhere better. Good luck with whatever you choose to do.
Are you sure the two events are actually connected? He saw you at a lifestyle event and you got fired. It's easy to make that connection in your mind but it might just be that one event precede the other without being associated. What did he say that makes you think the two events are connected?
I would totally egg his house. Maybe even TP.
ROCKYMTN2 wrote:
i agree, and frankly am very surprised by sugars suggestion... very disapointing advice
Unless you are in dire need of the entire income I would milk them for every last penny of unemployment you can (yes that comes out of employers pockets). Then I'd leave a flaming bag of dog poo on his doorstep.
An employer in Utah (and other states that follow the "at will" doctrine) can fire an employee for any reason or for no reason at all; and an employee can end the employment relationship at any time. The employment relationship is at the will of the employer and the employee. However, an employer cannot fire an employee for certain protected reasons, such as the employee cannot be legally fired for his/her race, gender, national origin, religion, disability, or age. Additionally, if the employee is fired in retaliation for some protected activity, such as the employee reporting safety violations, or complaining about wage violations, etc., that would be illegal termination. Without knowing more details about the reasons for the firing it's difficult to say whether there is wrongful termination. From what you stated, it doesn't look like there is a case for wrongful termination.
While we are an at will employment state it does not necessarily mean that an employer is an at will employer. You really need a lot more information in regards to this case. For example does the employer have a progressive discipline policy and what does their policy say in regards to discipline. Are things done so consistently in regards to discipline that there is an 'implied in fact contract' that she would receive warnings prior to termination, of course all of this is pie in the sky as I really don't know details about this or the written or implied policies of the company.
If they are an at will employer, the term basically means that you can fire for a good reason, a bad reason or for no reason, but not an illegal reason. An illegal reason would be for someones race, sex, age, etc...it also includes public policy exceptions such as refusing to lie under oath (presumably for the company) for reporting safety violations, refusing to do something illegal for the company and several other related matters. Probably the most litigated area in employment law is the 'implied in fact contract' if you can show others (males) were treated differently in the same or similar situations. While they don't necessarily have to give you a reason as to why you are terminated if you go into the labor commission and tell them it was because of her gender (for example), it would put the company in a position of providing an actual reason for the termination. If that is the actual reason Ms. Poker was terminated, they would be in a precarious position of having to explain and will be asked to provide similar situations where for example male employees were treated similarly or differently (I doubt the boss will want to give that reason if he was also at the Lifestyle party). If they say we termed her for no reason, they will be asked to provide examples and documentation of other (male) employees that were termed for no reason. If this was a career position and that actually was the reason for being termed it may be worth taking it to HR, or above the bosses head if you have the gumption, but sometimes it's best to keep your head up leave on a good note...maybe even try to talk with the boss and clear things up.
If they are an at will employer, the term basically means that you can fire for a good reason, a bad reason or for no reason, but not an illegal reason. An illegal reason would be for someones race, sex, age, etc...it also includes public policy exceptions such as refusing to lie under oath (presumably for the company) for reporting safety violations, refusing to do something illegal for the company and several other related matters. Probably the most litigated area in employment law is the 'implied in fact contract' if you can show others (males) were treated differently in the same or similar situations. While they don't necessarily have to give you a reason as to why you are terminated if you go into the labor commission and tell them it was because of her gender (for example), it would put the company in a position of providing an actual reason for the termination. If that is the actual reason Ms. Poker was terminated, they would be in a precarious position of having to explain and will be asked to provide similar situations where for example male employees were treated similarly or differently (I doubt the boss will want to give that reason if he was also at the Lifestyle party). If they say we termed her for no reason, they will be asked to provide examples and documentation of other (male) employees that were termed for no reason. If this was a career position and that actually was the reason for being termed it may be worth taking it to HR, or above the bosses head if you have the gumption, but sometimes it's best to keep your head up leave on a good note...maybe even try to talk with the boss and clear things up.
So did your boss tell you that he fired you over the lifestyle?
First, was your old boss the owner?
If he was, file a wrongful termination suit. Even in a right to work state you can still file that you were terminated due to your sexual orientation. This will also force him to out himself as the court case goes forward but will also out your wife.
If he was not the owner, you can file for wrongful termination based on sexual orientation. You most likely do not have to go to court this way and can simply file with the company complaining that you were terminated because both you and he attended an alternative lifestyle event and he specifically told you he was worried about it becoming known that he practiced an alternative lifestyle with his partners and that shortly after the event you were terminated and you believe the termination was due to this event. This can get him fired and you put back with the company, eve if you don't stay this would allow you to leave on your own terms in good graces. The important thing in this case is to make sure you lay everything at the feet of the boss and not to make clear you don't blame the company at all.
Also, you are not required to list what type of alternative lifestyle, only that it involved sexual orientation. This allows it to be viewed as a possible violation of civil rights, plus makes it appear that you boss is gay on the down low, something that will be viewed more unfavorably for him than for you.
If he was, file a wrongful termination suit. Even in a right to work state you can still file that you were terminated due to your sexual orientation. This will also force him to out himself as the court case goes forward but will also out your wife.
If he was not the owner, you can file for wrongful termination based on sexual orientation. You most likely do not have to go to court this way and can simply file with the company complaining that you were terminated because both you and he attended an alternative lifestyle event and he specifically told you he was worried about it becoming known that he practiced an alternative lifestyle with his partners and that shortly after the event you were terminated and you believe the termination was due to this event. This can get him fired and you put back with the company, eve if you don't stay this would allow you to leave on your own terms in good graces. The important thing in this case is to make sure you lay everything at the feet of the boss and not to make clear you don't blame the company at all.
Also, you are not required to list what type of alternative lifestyle, only that it involved sexual orientation. This allows it to be viewed as a possible violation of civil rights, plus makes it appear that you boss is gay on the down low, something that will be viewed more unfavorably for him than for you.
if he is in the LS, he is reading this and making plans to find something you did wrong at work, going though your work records to find them. just let it go. good luck on finding a new job
Apparently some people missed my point so I will repeat it.
Utah is one of eleven at-will states that has Covenant of good faith and fair dealing exceptions. There has to be just cause. Terminations for reasons of malice/bad faith are not allowed.
The best advice I can offer is do not come here for any sort of legal advice. Most of us are not lawyers and have nothing to offer but our thoughts. I would say it's time to move on!!!!!!!!!
ROCKYMTN2 wrote:
So far the worst idea IMO I have heard yet. Any more you never know who and where there is a camera on a house or street or some damn place. Get caught doing this and defamation suits are real and real expensive. Not to mention a bevy of other charges the law can bring on you for such a thing.
I don
All it takes for a reason is "reduction in force".
SEXYPOKER69 wrote:
Need some legal advice if there is anyone in the legal field associated with the lifestyle? Mrs Poker was fired from her job because she saw her boss at a lifestyle party over the holidays. He told her that she must keep it on the down low (understandable) and there working relationship has been strictly professional, yet she was still fired. Any advice on legal rights and legal route to follow? Anyone? Bueller? Bueller?
I don't know sexypoker69, or the "boss" of Mrs.Poker, but think of this situation logically! Some key points the OP left out were:
1. How long had she been employed? 1 month, 1 year?
2. Does the business have a "trial period" for new employees?
3. Was she good at her job?
4. If the boss saw her at the party, wouldn't he be concerned about being outed if he fired her?
5. Did she report directly to the guy that fired her, and was he the guy that saw her at the party?
6. Etc...
It doesn't all add up to me. And why hasn't the OP given anymore insight since he originally posted?
All the people posting that the OP should out the "boss" are way out of line. None of us know the actual circumstances, so we should withhold our suggestions and judgment.
Maybe her boss is like the character James Spader played in the movie "Secretary". Does he have a red Sharpie? Does he detest poor spelling and worms? Does he do lots of situps and pullups in his office? I'd still go with the flaming dog poo in lieu of like running over him with your car or throwing him into a pit of rabid wildebeests.
Go to a monday night bar event at the utah state bar assoc. You get 1/2 hour free legal advice from a lawyer. You can google it. I used it before when my old landlord tried to come after me for bullcrap charges after move out. They are required to do it as part of their inclusion in the bar. They can offer you sound legal advice. If you want to be vindictive. Have someone else out him in some way. That could causeproblems later though. Either way it is a bullshit dick move on his part.
A lot of decent advice. I liked the one where the poster asked if you want revenge or grace. Do you really want to work there? Will the environment be good after you got your job back? Were there other extenuating circumstances? If that really was the reason, I'd probably ask for a liberal severance package and move on. If he won't give the severance package I'd file for unemployment and tell the story. Either way I'd be looking for a new job.
Mr. Sexperimentors
Mr. Sexperimentors