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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsRestaurant Worker Says She Was Fired for Refusing to Wear 'Trump 2020' Mask
Restaurant Worker Says She Was Fired for Refusing to Wear 'Trump 2020' Mask
Can an employer legally fire someone for refusing to wear a specific political message? The answer is: maybe.
by Jelisa Castrodale
Jun 9 2020, 4:25pm
In late May, Ohio governor Mike DeWine gave the official OK for restaurants to resume indoor dining, provided that each establishment operated at reduced capacity, that the tables were rearranged to ensure adequate distance between customers, and that restaurant employees wore face masks while they worked.
When Kris Hauser, a longtime server at the Village Inn in Farmersville, clocked in for her first shift since the pandemic began, she wore a surgical-style face mask that she'd brought from home. But according to WHIO and her now-viral Facebook post, she was immediately stopped by her boss and given a cloth mask with "Trump 2020" printed on it. Hauser said she asked whether she could wear the mask inside out, and she was allowed to work her hours with the words "Trump 2020" pressed against the lower half of her face. (She also wrote that her unnamed boss told her that she "can't be for Biden." )
The next day, she wore another single-use surgical mask after she said she was given the OK to rotate the 'Trump' mask if she hadn't had a chance to launder it after her shift. She wrote that she'd been at the restaurant for 45 minutes before the owner, Scott Jacobs, told Hauser and the masked bartender to change into their 'Trump 2020' masks.
more...
https://www.vice.com/en_us/article/wxqdwb/restaurant-worker-says-she-was-fired-for-refusing-to-wear-trump-2020-mask
RhodeIslandOne
(5,042 posts)ProfessorGAC
(65,076 posts)What a jerk!
And, is he sure every customer wants to see that?
If I were a patron, I'd be one telling the manager I wanted that mask turned inside out.
PatSeg
(47,501 posts)to risk alienating customers who don't support Donald Trump. It is rarely a good idea for a business to flaunt their political affiliations. I can't imagine eating there.
This is a highly competitive industry, especially now. Why would you want to risk losing a percentage of your customer base by making dining out something political.
If I walked in and saw that I would turn around and walk out. There are just too many choices to have to endure that.
PatSeg
(47,501 posts)of people who support Trump. What kind of restaurant risks losing customers? It is a highly competitive business and many don't make it. This owner may have just laid the groundwork for the end of his business.
airmid
(500 posts)place and he is playing to areas sentiments. They love Trump here in rural Ohio and its disgusting.
barbtries
(28,799 posts)are likely trump supporters. I would walk out of any such establishment immediately, but right now, I'm still not going anywhere.
PatSeg
(47,501 posts)The pandemic won't last forever though and eventually sane rational people will want to go out to eat again. Meanwhile, Yelp is already gets reviews from people who saw this article. How many customers can this guy afford to lose?
ProfessorGAC
(65,076 posts)Woman he owns it had a meltdown over Illinois calling her hair business nonessential.
She has a "Fire Pritzker" sign in the window.
I wear my hair long and don't really need a cut, but when it comes time for a neatening, I'm not going to her.
My wife still will, but I won't. She's too fussy about her color job to risk starting over.
Me? Anybody can trim my combed straight back into a ponytail look.
The owner could have just kept her big mouth shut. She didn't, and lost a good tipping customer.
PatSeg
(47,501 posts)told her how dumb that sign was or that they were going to take their business elsewhere. Also, if she doesn't take the pandemic seriously, she clearly has no concern for her customers health and safety, not exactly a great selling point.
ProfessorGAC
(65,076 posts)This is a pretty conservative, lily white bedroom community. I doubt anyone said anything.
If my wife sends me for product, I will. What the heck do I care? There are lots of other stylists.
PatSeg
(47,501 posts)That kind of business is very competitive. If you don't like one salon, there's always plenty to choose from, which is yet another reason to keep politics and religion out of one's business.
jmg257
(11,996 posts)As of this writing, the Village Inn has removed its Facebook page, most likely due to the backlash it has received since Hauser's alleged termination.
Buckeye_Democrat
(14,855 posts)I've worked at many places where management makes their right-wing support known, sometimes from the very start when dealing with HR paperwork, and most employees learn it's easier to keep their liberal ideas to themselves.
There was a time when it was considered rude to discuss politics at work at all, but that was probably over 40 years ago.
Edit: And it creates an atmosphere where right-wing employees are loudmouths about their political ideas. I've wondered a few times if it was even genuine, or just another way to "brown nose" for management.
Bear Creek
(883 posts)My son worked at a cabinet maker (no longer in business)and they made contributions to the republican party in my son's name. So I guess they did for every employee.
LiberalFighter
(50,950 posts)Buckeye_Democrat
(14,855 posts)After several job experiences, I switched to "Independent" so employers wouldn't see my true political affiliation. (Public record in Ohio.)
Not only that, but I figured it offered some protection against lost registration records or whatever. That's just me.
Luckily, I don't get too worked up about whichever Democrats are picked by others in the primaries.
dalton99a
(81,515 posts)Buckeye_Democrat
(14,855 posts)So sick of people like Jacobs!
Cha
(297,307 posts)the ASSFACE 2020 Masks.. good on the server getting the hell outta there.
yardwork
(61,650 posts)SergeStorms
(19,201 posts)n/t
Ms. Toad
(34,074 posts)Ohio is an at-will employment state. That means that unless you have a contract, you can be fired by your private employer (or walk off the job) for any or not reason - except discrimination against a protected class. Political affiliation (or lack thereof) is not a protected class.
madaboutharry
(40,212 posts)They created a cult following who then go on to become authoritarians themselves.
Buckeye_Democrat
(14,855 posts)I'm sure that 's how many of them get promoted into management too.
"He's lazy, but Johnson really loves the Republicans and acting like a BOSS. Promote him!"
paleotn
(17,931 posts)They sense defeat and having to slither back under their rocks.
Roy Rolling
(6,917 posts)Before Trump does. And he will slither away, leaving his followers behind.
His only art of the deal is to resign now with a deal to avoid criminal prosecution.
But hes too stupid to read the writing on the wall. Its over.
oldsoftie
(12,555 posts)smirkymonkey
(63,221 posts)She should sue his ass. I believe this is a violation of a person's civil rights. This person should be put out of business at the very least.
uponit7771
(90,347 posts)... a hostile work environment by supporting an openly racist person.
Ms. Toad
(34,074 posts)But in an at-will employent state she can be fired because he doesn't like her eye color, her height, the car she drives, etc. Only discrimination against protected classes (race, gender, disabilities, age >40) is prohibited.
(Her freedom of expression/1st amendment rights are not legally relevant - since it was a private employer, rather than a government one.)
smirkymonkey
(63,221 posts)I get what you are saying and agree with the legal aspect. I just think the employer is a complete d-bag for putting his employees in such a position in the first place.
Ms. Toad
(34,074 posts)express or implied threats used to influence employees to vote for a particular candidate.
Merely requiring the mask as part of the uniform wouldn't fall in that category - but it is possible the more general comment that she can't be for Biden might.
dem4decades
(11,296 posts)olegramps
(8,200 posts)This is exactly the type of hatred spread by the Nazis in Germany. It is a defacto indorsement of the Trump's racial bias and open display of racism he pursued for years in his crusade against President Obama and propelled him into the Whitehouse.
PunkinPi
(4,875 posts)KY_EnviroGuy
(14,492 posts)It may be she won't have a case relating to being force to support a political campaign, although it could affect her prospects for future employment. So, I wonder if employees might sometimes have a case if an employer provides them with non-NIOSH tested face masks.
This is Ms. Hauser's lengthy Facebook post on this event: https://www.facebook.com/kristinlhauser/posts/3679925805357761
Here's another article in a Columbus TV station web page:
Server Claims She Was Fired for Not Wearing Trump 2020 Face Mask
News 1 Columbus
By Tino Bovenzi Cincinnati
Link: https://spectrumnews1.com/oh/columbus/news/2020/06/10/server-claims-she-was-fired-for-not-wearing--trump-2020--face-mask
(snip)
To ensure a change is made, Hauser has hired Dayton attorney Jason Matthews to represent her. Initially it is our goal to see if the case can be resolved amicably through a negotiated agreement with the restaurant, Matthews said. What Kristen is seeking is simply damages that shes going to suffering from losing her job, as well as a change in the employers policy to make sure others arent being subjected to the same treatment.
But there may be trouble filing a wrongful termination lawsuit. Unfortunately, its not covered by any of the antidiscrimination laws, either at the federal level or in Ohio, Case Western Reserve University School of Law Professor Sharona Hoffman said. Hoffman said support for a political candidate is not covered by anti-discriminatory laws. And she said with Ohio being an at-will state, the employer and employee both hold the right to end employment at any time. If you dont have a contract of employment for a specific period of time with specific conditions for which you can be terminated, then the employer can terminate you at will, and you can quit at will as well," she said.
Matthews said they have not filed a lawsuit yet, but they do have a case. The termination of Kristen gives rise to a public policy wrongful discharge claim, premised on Ohio Revised Code section 3599.05 which prohibits an employer from coercing employees to vote in a certain manner or to support a certain political candidate, he said.
Good luck to Ms. Hauser. I admire her for trying to do the right thing......
Fla Dem
(23,690 posts)Buckeye_Democrat
(14,855 posts)Unfortunately, its not covered by any of the antidiscrimination laws, either at the federal level or in Ohio, Case Western Reserve University School of Law Professor Sharona Hoffman said.
Hoffman said support for a political candidate is not covered by anti-discriminatory laws.
And she said with Ohio being an at-will state, the employer and employee both hold the right to end employment at any time.
Edit: The end-result is that the right-wing drumbeat is usually very pervasive at jobs here too, where many people spend a good chunk of their lives.
bucolic_frolic
(43,181 posts)as in seeing Trump more clearly than we did in 2016. Beware of getting what you want, Donnie ApricotPuss
Buckeye_Democrat
(14,855 posts)In Ohio, yes they can!
Trust me, this has very negative consequences for Democrats in this state, and then it can impact the entire country.
It's not like this everywhere...
https://www.nolo.com/legal-encyclopedia/can-employers-discriminate-based-on-political-beliefs-or-affiliation.html
State Laws on Political Discrimination
A handful of states protect private employees from workplace discrimination based on their political beliefs or activities. A larger number of states protect employees from discrimination based on legal activities outside of work, which might include political activities.
Political Discrimination Laws
A few states explicitly prohibit employers from making job decisions based on an employees or applicants politics. In California, for example, employees are protected from discrimination based on their political affiliations and activities. New York and the District of Columbia have similar laws. And, in Oregon and Wisconsin, employees may not be penalized for refusing to attend meetings intended to allow their employer to communicate its political or religious opinions.
frazzled
(18,402 posts)Take a marker and write in bold letters across the palm of one hand DEFEAT. Use one hand to take orders or deliver a plate, and casually hold up opposite hand to the side of the mask. Close palm when in view of employer.
DEFEAT Trump 2020.
Buckeye_Democrat
(14,855 posts)We might actually start reversing the power of money over democracy, long-term.
frazzled
(18,402 posts)https://spectrumnews1.com/oh/columbus/news/2020/06/10/server-claims-she-was-fired-for-not-wearing--trump-2020--face-mask
I agree with the need for a federal protection for workers. However, I was just trying to bring some humor to the situation until the appropriate laws can be enacted: as we know, that can take years.
Buckeye_Democrat
(14,855 posts)I didn't know there was such a law in Ohio!
There's so many laws, it's especially hard unless you're a lawyer. (Just like I'm convinced it was the lawyer-father of Bill Gates who was actually the key to him becoming extremely wealthy.)
ThoughtCriminal
(14,047 posts)for political beliefs and requiring an employee to visibly support a candidate.
In other words, it seems under this statute that an employee could be fired for wearing a Biden button, but cannot be forced to wear a Trump button.
Ms. Toad
(34,074 posts)But it hinges on an express or implied threat connected with voting for a particular candidate. Telling her she can't be for Biden is the closest - but I'm still not sure that it rises to the level of a threat.
No employer or his agent or a corporation shall print or authorize to be printed upon any pay envelopes any statements intended or calculated to influence the political action of his or its employees; or post or exhibit in the establishment or anywhere in or about the establishment any posters, placards, or hand bills containing any threat, notice, or information that if any particular candidate is elected or defeated work in the establishment will cease in whole or in part, or other threats expressed or implied, intended to influence the political opinions or votes of his or its employees.
Whoever violates this section is guilty of corrupt practices, and shall be punished by a fine of not less than five hundred nor more than one thousand dollars.
The prohibited activities are enumerated (meaning they are relatively limited), aside from the last:
* Printed on pay envelopes - implied threat connected to being paid
* posters - both express (threat) and implied (notice or information that election or defeat of the candidate will terminate the business and thus employment
* other threats - express or implied - it might be possible to establish the statement that she can't be for Biden as falling in this category. That's the closest.
TexasBushwhacker
(20,202 posts)might find it offensive? If I saw that in a place of business, I would walk out. Honestly, I wouldn't find a Biden 2020 mask appropriate either. It's a place of business. Keep your politics (and religion for that matter) to yourself.
CountMyVote4Reality
(209 posts)Bad businessman, just like his candidate.
Nevilledog
(51,121 posts)Blue Owl
(50,423 posts)n/t
BannonsLiver
(16,396 posts)I entered every Covid 19 key word I could think of to avoid seeing threads about it here (too many breathless doom addicts and pseudo experts here) but this one made it through. Back to the drawing board!
ThoughtCriminal
(14,047 posts)made a statement regarding this franchise?
https://www.villageinn.com/guest-relations/
nsd
(2,406 posts)If you look at the locations on the www.villageinn.com website, you'll see that they don't have any restaurants in Ohio.
The Village Inn in Farmersville seems to be independently owned by Jacob.
ThoughtCriminal
(14,047 posts)Since "Village Inn" is is a registered trademark of American Blue Ribbon Holdings, LLC, perhaps THEY should take legal action against Mr. Jacob. It would seem to me there is a likelihood of confusion and that he is damaging their brand.
DonaldsRump
(7,715 posts)smirkymonkey
(63,221 posts)who refuses to wear a mask and who thinks the entire pandemic is a Democratic hoax? Not quite sure how they are rationalizing that one.