For the love of God do not take this as legal advice. Different places have different rules.
In the US, for example, most states have “at will” employment where employees can be fired at any time with no stated reason.
In the US employers can prohibit workplace discussion of any subject that is deemed to create a hostile work environment or interfere with work.
You will not win a wrongful termination lawsuit “in most cases”. You will not be able to prove you were discriminated against in any way “in most cases”. You would probably win in cases where you can prove your rights were violated… and that’s not a guarantee.
100%. Never take legal advice from internet strangers. Consult an actual attorney. This applies to both sides of this argument.
My company is based in Texas, an “at will” state. If, as the meme implies, someone else started discussing a kink and proceeded to “be vanilla” (I read that as judgemental) to the point where you feel compelled to act appalled, then they are creating a hostile environment. I know this because I actually hired employment attorneys for my companies and most of our clients require new contractors to watch training videos that cover this. DO NOT bring up your kink in random conversation though as you would be the one creating a hostile environment. Either way, “at will” does not supersede anti-discrimination laws.
As should be obvious, in order to sue, you will need proof and you should maintain a detailed record of your experiences as they happen.
That’s not true. For slam dunk discrimination lawsuits like this would be, you would likely not pay a dime to the lawyer. They would sue, settle, and keep a percentage of the settlement.
Yes and no. I have a lot of different types attorneys on retainer (employment, trademark, copyright, patent, etc) and they are very expensive. For cases like this though, you can definitely find someone that would do it for a cut.
that’s a nice way to get fired from my job
That’s illegal and in most cases you’d win the lawsuit.
America land of the free
For the love of God do not take this as legal advice. Different places have different rules.
In the US, for example, most states have “at will” employment where employees can be fired at any time with no stated reason.
In the US employers can prohibit workplace discussion of any subject that is deemed to create a hostile work environment or interfere with work.
You will not win a wrongful termination lawsuit “in most cases”. You will not be able to prove you were discriminated against in any way “in most cases”. You would probably win in cases where you can prove your rights were violated… and that’s not a guarantee.
100%. Never take legal advice from internet strangers. Consult an actual attorney. This applies to both sides of this argument.
My company is based in Texas, an “at will” state. If, as the meme implies, someone else started discussing a kink and proceeded to “be vanilla” (I read that as judgemental) to the point where you feel compelled to act appalled, then they are creating a hostile environment. I know this because I actually hired employment attorneys for my companies and most of our clients require new contractors to watch training videos that cover this. DO NOT bring up your kink in random conversation though as you would be the one creating a hostile environment. Either way, “at will” does not supersede anti-discrimination laws.
As should be obvious, in order to sue, you will need proof and you should maintain a detailed record of your experiences as they happen.
Once again. Talk to a lawyer.
Lawsuits are famously very expensive, especially for someone who is now unemployed.
That’s not true. For slam dunk discrimination lawsuits like this would be, you would likely not pay a dime to the lawyer. They would sue, settle, and keep a percentage of the settlement.
Lawyers are expensive, dude.
And I can only speak for the US, but that shit is not “slam dunk” at all these days.
Yes and no. I have a lot of different types attorneys on retainer (employment, trademark, copyright, patent, etc) and they are very expensive. For cases like this though, you can definitely find someone that would do it for a cut.