WWoman fired for being too attractive. That's OK, court says

@maxdancona,

Kind of slow, aren't you? The court decision which you linked finds that there was not unlawful discrimination based on gender. I'm saying she should have sued for damages--loss of potential future earnings and of reputation. That would not have involved an allegation of illegal behavior. Try to keep up, 'K?

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@cicerone imposter,

cicerone imposter wrote:

There are several options open to her since she was "fired." She can collect unemployment insurance while seeking another job. She can also "dress more modestly" in the future.

Depending on the employer, it shouldn't matter "why she was fired." She did nothing inappropriate - except for the texting. That's not illegal.

Unemployment is for if she was laid off, not if someone fired her because they wanted to lay her.

dress more modestly than scrubs?
That would be a burqa

her texting wasn't inappropriate either. His was.

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@chai2,

Just when I though this couldn't get any craizer...

Now Chai is arguing that this woman shouldn't be eligible for unemployment insurance?

How is this woman not eligible for unemployment insurance?

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@cicerone imposter,

What I meant was she'll have trouble finding another job with a male dentist because she sued. Who wants to open themselves up to that? I sure wouldn't. Employees who file grievances with their union, human rights commission, etc. get a reputation as trouble-makers and it's easier to just not hire them. If she's in a small town, everybody would know about this.

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@maxdancona,

In Canada, you can claim unemployment insurance if you've been fired, but there's a 2 month penalty or something. If you're laid off, there's no penalty.

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@chai2,

chai2 wrote:

dress more modestly than scrubs?
That would be a burqa

What he should have done was instituted a dress code. She wasn't wearing scrubs, she was wearing what he considered to be tight shirts. Wearing scrubs would have been professional and ideal.

The problem went farther than that, anyway, with all his inappropriate texting. I'd say if she had bothered to tell him stop with the sexual comments, she'd have a classic case of sexual harassment, but apparently she didn't tell him to stop.

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@Mame,

She's not in Canada, and here the employer will do whatever he can to avoid paying the unemployment.

Some people seem to think it's just so easy to walk in and get unemployment benefits, it's not, and there's many ways to be denied.

But this is another subject.

1 Reply

@maxdancona,

maxdancona wrote:

...

How is this woman not eligible for unemployment insurance?

In a lot of parts of the US, a firing for alleged cause will tie up UI benefits if not precipitate an outright denial of same.

1 Reply

@jespah,

Is it really justified to get so worked up over baseless vague speculation?

If it is the case that this woman didn't get Unemployment Insurance, I would myself feel this was an injustice. This is a clear case where she should get Unemployment Insurance. I think everyone agrees.

There is no evidence that she did not get Unemployment Insurance. I am pretty sure that if this were the case, it would show up in the hyped up newspaper accounts of this story.

Then again, as the the saying goes,

"Never let the facts get in the way of a good hysterical outrage."

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@Mame,

Quote:

What I meant was she'll have trouble finding another job with a male dentist because she sued

I do not think if I was a male dentist given the situation of her suing I would have any great concern of her doing that to me and it would be too damn good of a chance to add patients to my practice at the expense of this asshole along with great local news coverage for standing up for this lady.

1 Reply

@BillRM,

Well, that's you.

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@Mame,

Quote:

Well, that's you.

I am of the opinion that the majority of men would feel the same way.

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one thing that confuses me is the assertion that this chick worked for him. i was under the impression that dentists rarely directly employ hygienists anymore, that they are independent contractors who work on a per patient pay scale.

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@hawkeye10,

How did you arrive at that conclusion?

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@cicerone imposter,

cicerone imposter wrote:

How did you arrive at that conclusion?

because that has been how it works with the last several dentists, and because it makes good business sense to do this. with a no-show the dentist is not on the hook for unproductive labor. i believe that the tax and insurance situation is better too.

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@Mame,

Mame wrote:

Well, that's you.

That's me too, and I'd a fair number of dentists that are hiring.

If you feel it's unreasonable that Any dentist would hire her, it's just as unreasonable to assume no one would, and not one that is a fool.

This woman was treated shabbily by her employer, and many with integrity would like to show that they are more than willing to hire someone with experience. People with integrity that won't fire her for their personal shortcomings.

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@Mame,

Mame wrote:

chai2 wrote:

dress more modestly than scrubs?
That would be a burqa

What he should have done was instituted a dress code. She wasn't wearing scrubs, she was wearing what he considered to be tight shirts. Wearing scrubs would have been professional and ideal.

The problem went farther than that, anyway, with all his inappropriate texting. I'd say if she had bothered to tell him stop with the sexual comments, she'd have a classic case of sexual harassment, but apparently she didn't tell him to stop.

She said she DID wear scrubs. Scrubs and T-shirts.
We'd have to see a picture of her wearing her normal scrub/t-shirt attire to see if it's inappropriate. By that I mean inappropriate to the general public in the area in which this takes place.

1 Reply

@Mame,

Mame wrote:

The problem went farther than that, anyway, with all his inappropriate texting. I'd say if she had bothered to tell him stop with the sexual comments, she'd have a classic case of sexual harassment, but apparently she didn't tell him to stop.

according to some of the other articles I've read, she did ask him to stop

1 Reply

@chai2,

chai2 wrote:

Quote:
She wasn't wearing scrubs,

She said she DID wear scrubs. Scrubs and T-shirts.

she wore scrubs - he apparently suggested that she wear a lab coat over her scrubs. Not sure how she was supposed to do her job layered up like that.

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@ehBeth,

Was the lab coat to be waist or knee length?

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WWoman fired for being too attractive. That's OK, court says

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