I need you help-job related

[Strathos]

I recently helped open a new salon, (I cut hair) for a corporation. I told the manager I would work anytime during the grand opening, cheap haircuts, thousands of people, so we're busy. I'm part time, and informed her that after the sale was over, we'd discuss a real schedule. Last week I had a migraine, (I've had them all my life), I had to leave work it got so bad. When I returned to work after a couple of scheduled days off, I was written up for leaving early. The write up said nothing about illness, only that I left during a very busy time. I told her this is the first time I've left sick, and I didn't think a write up was warrented. I got pissed so I gave my manager a schedule that I could work. Since my schedule didn't include the hours that she wanted me to work, she has put me on Saturdays only. Part-timers can specify the hours they wish to work. It's in the rules.

My question to you, is can she do that? Isn't she trying to punish me because I'm not being flexible enough? She is new to management and I think trying to prove something. This place has also had us praying as a group, and I've been told that beause I'm gay, some upper level mangement do not approve of my "lifestyle".

I've filled out a form for the Human Rights Commission. Should I persue this, or just move on?

I know that I've been mistreated and I'm wanting to fight it. However, Tennessee, as they keep telling me, is an "at will" state, so apparently they can fire me anytime for any reason they see fit.

I don't have a huge clientele, that's why I'm working for them to begin with, and can't afford booth rental right now.

I need some advice.

I'm thinking I should also go to the ACLU.

Let me know.

[TechBear_Seattle]

1. A lot depends on your state

So-called "right to work" states give employees no rights whatsoever (they are really "employer's right to fire you with no reason whatsoever" states.) Other states have very strong worker protection laws.

My suggestion would be to see if your state or municipality has an ombudsman who handles worker issues, or contact a union and see if you can meet with someone knowledgeable about worker protections in your area. The ACLU probably will not get involved unless there is a definite constitutional violation.

[Nimrod2005]

2. Oh yes, tell as many ACLUs as you can, tell everybody you

know about her comments about you being gay!

Good luck, we're behind you!

[elehhhhna]

3. Migraine should be covered by ADA

[Strathos]

4. How do you mean?

I guess I'm not to bright about the ADA.

[elehhhhna]

5. Google American disability Act migraine & start reading--

Here I did it for you! http://www.google.com/search?hl=en&q=ADA+migraine

[Sadie5]

7. Does your state have a union

Mine does and they generally get fired up at someone mentioning something about another being Gay. I have done hair for over 40 years although I'm now retired I still keep a hand in what's going on. The hair chains are less than desirable to work for. The turnover rate is high as they usually want to pay by the hour. Commission is the only way to go. Find a shop with good traffic and go on commission, build you clientele and then switch over to booth rent. The key to success is to not move to far away from one shop to another.Be there when you have appointments, and if the migraine occurs again you simply call your regulars and reschedule them. There is less pressure in a comm. shop. Hope this helps. You can never control your own schedule in one of these chain places.

[Strathos]

9. I don't think we have a union

But I thought about starting one.

I know you're right about the commission thing. I should look around town, it's a very affluent one, and find out.

THANK YOU very much for your help.

[Strathos]

8. WOW!!! I had no idea

Thank you. I've always just dealt with my headaches and suffered until they were gone. I've had LOTS of employers get made at me for them.

Thanks again.

[Hamlette]

6. you should get a letter from the doctor who treats your migraines

and give a copy to the boss. Be prepared for this to start a battle. They can do anything they want to your schedule. You do not have the right to work the hours you want. If you are only part time, even if you were fired for cause, you are not likely eligible for unemployment.

The letter from your doc would only provide you with some insulation against being fired but they may just look for something else. Anyway, I'm not sure this is a cause you want to devote your life to and suing them could well take that.

If you want to stay working there, get the letter from your doc but don't do anything with it...for now. Stop getting pissed at your boss. She's the boss and has more clout and weight with upper management than you do. Work Saturdays, be pleasant to be around, build a clientele so you can leave AND so that you can control your own schedule if you decide to stay. If you are scratching your bosses back (by bringing in business) you can request she scratch yours.

Being gay is not protected by the law except in some states/cities. I doubt TN is one.

Drop it. Move on.

(I've been a lawyer for 30 years, I've worked in employment law related fields for 20+ years.)

[Strathos]

10. Thank you

Not very assuring, but I appreciate your advice and expertise.

I just think that employees do have rights and to let them run over us is wrong. Wouldn't you agree?

[Hamlette]

11. absolutely...but the reality is different from the ideal. n/t

[Sadie5]

12. The hair business

is most accepting of the Gay community. Through the years I have worked with many Gay males. This gal whom is managing this hair cutting chain you work for should be removed. Complain to upper management. If you live in an affluent community go to one of the busy commission shops and apply. You will see that Gay is welcomed. Work hard and long hours at first, learn all you can, and take walk-ins. It will take about 5-6 months to build somewhat of a clientele but you can do it. Better check on the union in your area they provide services such as continuing education and revised licensing rules. The costs are low compared to what you get out of it.

[Strathos]

13. Thank you.

I'm seriously thinking about what you suggest.