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"Iowa Dental Hygenist Fired"
CSHS79 811 desperate attention whore postings
DAW Level: "Fitness Correspondent"
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12-24-12, 02:34 PM (EST)
 
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"Iowa Dental Hygenist Fired" |
After ten years of working for an Iowa dentist a 32 yr old hygenist was fired for being a threat to his marriage. The hygenist took it beofre her state's supreme court for improper firing and lost. Question is, who did the dentist replace her with? Unless it was a male hygenist, wouldn't that give the fired hygenist cause for an appeal? More imprtantly what woman would apply?
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dabo 24135 desperate attention whore postings
DAW Level: "Playboy Centerfold"
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12-24-12, 03:29 PM (EST)
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2. "RE: Iowa Dental Hygenist Fired" |
LAST EDITED ON 12-24-12 AT 03:30 PM (EST)Really bad decision apparently based on the fact that it wasn't gender discrimination. Regardless, it was still unfair discrimination; she was just too pretty. She was fired without a genuine cause, her work was fine and she did nothing wrong, on an occassion or two when her blouse was deemed inappropriate she immediately covered up with a lab coat, etc. Nor were she and the dentist having an affair, nor was there any flirting, nothing. His wife just didn't like that she was just too gosh-all pretty to be working with her man. (Saw her picture on TV and she seemed just a nice normal woman whose looks were fairly common actually, the wife must be damned ugly or something.) Honestly, was it anything she could do anything about, the dark paranoia in some other person's head? Ugly up her make-up I suppose. Throw acid in her own face. Unfair.
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Snidget 42505 desperate attention whore postings
DAW Level: "Playboy Centerfold"
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12-24-12, 07:38 PM (EST)
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6. "RE: Iowa Dental Hygenist Fired" |
If it is a Right To Work State you can be fired for any reason at all. There is no need to be fired "with cause". You are employed at the whim of the employer and if the whim changes you are out of luck.
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Snidget 42505 desperate attention whore postings
DAW Level: "Playboy Centerfold"
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12-24-12, 08:08 PM (EST)
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10. "RE: Iowa Dental Hygenist Fired" |
LAST EDITED ON 12-24-12 AT 08:19 PM (EST)There may be places that are more ethical or need to follow certain rules about firing people (like the state usually is more restrained than the private sector). But generally a lot of the "right to work" laws end up making it much easier to fire people for no particular reason. Now a lot of places don't fire people willy-nilly (even if they can) because training replacements is costly and too many whimsical firings gets the people you wanna keep to start looking hard for work somewhere else. And it depends on what contracts they do set up with the employees that may restrain what they can do but only because they voluntarily do it because it sets up a better quality of people. It does seem to effect those at the low end of the scale more than the upper end where you can demand a contract that gives you protections the law may not. Maybe your Right to Work laws are different, but in this state as long as they can say it wasn't one of the illegal discrimination things they don't need a "cause" to fire you. The boss doesn't like the color of your socks is just as valid as we caught you stealing out of the till. Or the boss is just in a bad mood and decided firing someone today would boost their mood and you happened to be the first person they saw that morning. Like I said, this may have consequences if you are too whimsical too often, but it ain't illegal. Just as long as it wasn't because of your race or religion and they can say it was the color of your socks with a straight face in court.
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AyaK 9768 desperate attention whore postings
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12-26-12, 00:28 AM (EST)
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14. "Not quite" |
LAST EDITED ON 12-26-12 AT 00:29 AM (EST)This has nothing whatsoever to do with "right to work". Instead, it turns around another doctrine known as "employment at will". In general, in North America, unlike Europe, you have no right to your job, and you can be terminated without cause. There are three primary exceptions to this rule: public policy, discrimination, and implied contract. A handful of states have recognized an implied warranty of good faith and fair dealing in employment, which would mean that an employee could only be fired for just cause, but no midwestern state has.
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cahaya 18102 desperate attention whore postings
DAW Level: "Playboy Centerfold"
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12-24-12, 08:03 PM (EST)
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9. "RE: Iowa Dental Hygenist Fired" |
Yeah, I read this a few days ago too. I had thought about posting about it to get AyaK's reaction from a legal viewpoint.I'm not sure I buy the argument that it's not gender discrimination. The firing would never happen with a male, only with a female, based on the reasons given. That itself is gender bias. Why did he hire her to start with if she was too attractive to him? To him. That's where the blame lies. It's his perception of her and his internal weaknesses that are being used as justification, not anything she did whatsoever. Maybe Satan started whispering "little nothings" about her in his ears. Beware ye temptation!
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AyaK 9768 desperate attention whore postings
DAW Level: "Playboy Centerfold"
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12-26-12, 06:11 PM (EST)
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19. "RE: Iowa Dental Hygenist Fired" |
The adjective does make a difference. Let's consider:1. It would only amount to < > discrimination if he was firing her because she was a black woman. Yes, that's discrimination, but not gender discrimination; it's racial discrimination. 2. It would only amount to < > discrimination if he was firing her because she was a lesbian woman. That's discrimination, too, but based on sexual orientation, not gender. 3. It would only amount to < > discrimination if he was firing her because she was a Jewish woman. Again, discrimination, but it's religious discrimination. For it to be gender discrimination, the adjective can't be relevant. If the adjective is relevant, then it isn't gender discrimination. So let's try this again: It would only amount to < > discrimination if he was firing her because she was an irresistable woman. We know that isn't gender discrimination, because he isn't just firing her because she was a woman. So what discrimination is it? Discrimination against the good looking? In general, good-looking people don't get discriminated against. They may get harassed, but I haven't read an analysis of this case that posits a cogent theory of this being sexual harassment. Sorry, but I think the Iowa Supreme Court had this right.
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Round Robin 1847 desperate attention whore postings
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12-26-12, 01:56 AM (EST)
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17. "RE: Iowa Dental Hygenist Fired" |
If she has proof the guy fired her because his wife wanted him to, can she sue the wife for tortious interference with her employment?
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kidflash212 3474 desperate attention whore postings
DAW Level: "Car Show Celebrity"
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12-25-12, 12:22 PM (EST)
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12. "RE: Iowa Dental Hygenist Fired" |
After ten years? Sounds suspicious, perhaps this was the workplace version of "It's not you, it's me". An excuse because the dentist doesn't want to address the real reason for letting her go.
Another workplace issue - would this guy have a discrimination case if he was fired:
"You're Co-Workers Complained..
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