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babylonsister

(171,070 posts)
Sat Jun 13, 2020, 07:02 AM Jun 2020

Restaurant 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.

"I responded and told him I would wear it, but I would wear it inside out, which a majority of employees had been doing already for the days prior," she wrote. "Scott told me, 'No, you will wear it with Trump 2020 facing out for people to see.' I told him I would not do this, and he said that I needed to leave. My response was to tell him that it was a pleasure working for him, and I proceeded to clock out and leave."


more...

https://www.vice.com/en_us/article/wxqdwb/restaurant-worker-says-she-was-fired-for-refusing-to-wear-trump-2020-mask
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Restaurant Worker Says She Was Fired for Refusing to Wear 'Trump 2020' Mask (Original Post) babylonsister Jun 2020 OP
Let's make sure Scott Jacobs has to close down forever next time. RhodeIslandOne Jun 2020 #1
His Employees Are Billboards? ProfessorGAC Jun 2020 #2
Yes, not very good business PatSeg Jun 2020 #15
Exactly Norbert Jun 2020 #18
Goes to show the mentality PatSeg Jun 2020 #21
You are right it's highly competitive. I live twenty minutes from this airmid Jun 2020 #29
i think most people willing to hazard eating in a restaurant at the moment barbtries Jun 2020 #22
Yes, that dawned on me as well PatSeg Jun 2020 #31
Hair Salon Near Me ProfessorGAC Jun 2020 #40
I wonder if any customers PatSeg Jun 2020 #43
Totally Agree ProfessorGAC Jun 2020 #44
That's true PatSeg Jun 2020 #46
We can hope!! jmg257 Jun 2020 #3
This doesn't surprise me in Ohio. Buckeye_Democrat Jun 2020 #4
True Bear Creek Jun 2020 #20
That would be illegal. LiberalFighter Jun 2020 #23
I haven't been a registered Democrat for several years. Buckeye_Democrat Jun 2020 #24
What the owner of Village Inn, Farmersville OH, said about Obama: dalton99a Jun 2020 #5
That piece of shit! He needs to lose his job! Buckeye_Democrat Jun 2020 #9
Stupid braindead idiot. & making servers wear Cha Jun 2020 #10
Should be a business closing. yardwork Jun 2020 #12
Smells like a lawsuit to me. SergeStorms Jun 2020 #6
Generally not. Ms. Toad Jun 2020 #49
This is an example of how authoritarians operate. madaboutharry Jun 2020 #7
Yep. Buckeye_Democrat Jun 2020 #8
Magat trash are desperate.... paleotn Jun 2020 #11
Slither Away Roy Rolling Jun 2020 #13
The only mask you should be required to wear would have the business name on it. oldsoftie Jun 2020 #14
Is this even legal? smirkymonkey Jun 2020 #16
Not if she can prove Trump is a racist, that's where she can say the employer was fostering .... uponit7771 Jun 2020 #37
I agree that the company should be put out of business, Ms. Toad Jun 2020 #50
That just really stinks. smirkymonkey Jun 2020 #51
Someone downthread did find a tiny opening that might be useful Ms. Toad Jun 2020 #53
Labron should open a restaurant across the street and make appearances. dem4decades Jun 2020 #17
This is the face of fascism. Just what M. Albright has warned us about. olegramps Jun 2020 #19
Here's the deleted FB post... PunkinPi Jun 2020 #25
She should be allowed to wear what she thinks best protects her health. KY_EnviroGuy Jun 2020 #26
Another article on the situation with video. Fla Dem Jun 2020 #27
Thank you, and I'll show the text that backs up my experiences. Buckeye_Democrat Jun 2020 #28
Trump 2020 may come to be seen as having a different than intended meaning bucolic_frolic Jun 2020 #30
Can Employers Discriminate Based on Political Beliefs or Affiliation? Buckeye_Democrat Jun 2020 #32
Possible work around for employees? frazzled Jun 2020 #33
My work around is making it illegal at the Fed level. Buckeye_Democrat Jun 2020 #34
There does appear to be a relevant Ohio ordinance frazzled Jun 2020 #36
Oh, thank you! Buckeye_Democrat Jun 2020 #38
Yes, there is a difference between firing an employee ThoughtCriminal Jun 2020 #47
That's about the closest - Ms. Toad Jun 2020 #52
Did it occur to the employer that some CUSTOMERS TexasBushwhacker Jun 2020 #35
Politics + Restaurant equals Food Poisoning CountMyVote4Reality Jun 2020 #39
This Village Inn had a bartender? Nevilledog Jun 2020 #41
Owner is the Village Idiot Blue Owl Jun 2020 #42
Weird BannonsLiver Jun 2020 #45
Has Village Inn Corporate ThoughtCriminal Jun 2020 #48
I don't think the Village Inn in this story is a franchise of this company. nsd Jun 2020 #55
I am surprised ThoughtCriminal Jun 2020 #57
It's this one DonaldsRump Jun 2020 #56
Isn't it kind of ironic to make employees wear masks to support a candidate smirkymonkey Jun 2020 #54

ProfessorGAC

(65,069 posts)
2. His Employees Are Billboards?
Sat Jun 13, 2020, 07:20 AM
Jun 2020

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)
15. Yes, not very good business
Sat Jun 13, 2020, 08:40 AM
Jun 2020

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.

Norbert

(6,040 posts)
18. Exactly
Sat Jun 13, 2020, 08:49 AM
Jun 2020

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)
21. Goes to show the mentality
Sat Jun 13, 2020, 09:03 AM
Jun 2020

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)
29. You are right it's highly competitive. I live twenty minutes from this
Sat Jun 13, 2020, 09:53 AM
Jun 2020

place and he is playing to areas sentiments. They love Trump here in rural Ohio and it’s disgusting.

barbtries

(28,798 posts)
22. i think most people willing to hazard eating in a restaurant at the moment
Sat Jun 13, 2020, 09:07 AM
Jun 2020

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)
31. Yes, that dawned on me as well
Sat Jun 13, 2020, 10:05 AM
Jun 2020

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

(65,069 posts)
40. Hair Salon Near Me
Sat Jun 13, 2020, 12:35 PM
Jun 2020

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)
43. I wonder if any customers
Sat Jun 13, 2020, 01:41 PM
Jun 2020

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

(65,069 posts)
44. Totally Agree
Sat Jun 13, 2020, 02:39 PM
Jun 2020

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)
46. That's true
Sat Jun 13, 2020, 02:48 PM
Jun 2020

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)
3. We can hope!!
Sat Jun 13, 2020, 07:21 AM
Jun 2020

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)
4. This doesn't surprise me in Ohio.
Sat Jun 13, 2020, 07:26 AM
Jun 2020

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)
20. True
Sat Jun 13, 2020, 09:03 AM
Jun 2020

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.

Buckeye_Democrat

(14,855 posts)
24. I haven't been a registered Democrat for several years.
Sat Jun 13, 2020, 09:21 AM
Jun 2020

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.

Cha

(297,298 posts)
10. Stupid braindead idiot. & making servers wear
Sat Jun 13, 2020, 07:58 AM
Jun 2020

the ASSFACE 2020 Masks.. good on the server getting the hell outta there.

Ms. Toad

(34,074 posts)
49. Generally not.
Sat Jun 13, 2020, 06:26 PM
Jun 2020

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)
7. This is an example of how authoritarians operate.
Sat Jun 13, 2020, 07:45 AM
Jun 2020

They created a cult following who then go on to become authoritarians themselves.

Buckeye_Democrat

(14,855 posts)
8. Yep.
Sat Jun 13, 2020, 07:50 AM
Jun 2020

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!"

Roy Rolling

(6,917 posts)
13. Slither Away
Sat Jun 13, 2020, 08:29 AM
Jun 2020

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 he’s too stupid to read the writing on the wall. It’s over.

 

smirkymonkey

(63,221 posts)
16. Is this even legal?
Sat Jun 13, 2020, 08:42 AM
Jun 2020

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)
37. Not if she can prove Trump is a racist, that's where she can say the employer was fostering ....
Sat Jun 13, 2020, 12:03 PM
Jun 2020

... a hostile work environment by supporting an openly racist person.

Ms. Toad

(34,074 posts)
50. I agree that the company should be put out of business,
Sat Jun 13, 2020, 06:30 PM
Jun 2020

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)
51. That just really stinks.
Sat Jun 13, 2020, 06:36 PM
Jun 2020

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)
53. Someone downthread did find a tiny opening that might be useful
Sat Jun 13, 2020, 06:40 PM
Jun 2020

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.

olegramps

(8,200 posts)
19. This is the face of fascism. Just what M. Albright has warned us about.
Sat Jun 13, 2020, 08:52 AM
Jun 2020

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.

KY_EnviroGuy

(14,492 posts)
26. She should be allowed to wear what she thinks best protects her health.
Sat Jun 13, 2020, 09:26 AM
Jun 2020

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)

“The fact that people think that my ultimate goal was to shut the place down, that’s absolutely not it,” Hauser said. “My goal is for a policy to be put in place to protect my co-workers from a situation like this.”

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 she’s going to suffering from losing her job, as well as a change in the employer’s policy to make sure others aren’t being subjected to the same treatment.”

But there may be trouble filing a wrongful termination lawsuit. “Unfortunately, it’s 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 don’t 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......

Buckeye_Democrat

(14,855 posts)
28. Thank you, and I'll show the text that backs up my experiences.
Sat Jun 13, 2020, 09:39 AM
Jun 2020
“Unfortunately, it’s 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

(43,178 posts)
30. Trump 2020 may come to be seen as having a different than intended meaning
Sat Jun 13, 2020, 09:55 AM
Jun 2020

as in seeing Trump more clearly than we did in 2016. Beware of getting what you want, Donnie ApricotPuss

Buckeye_Democrat

(14,855 posts)
32. Can Employers Discriminate Based on Political Beliefs or Affiliation?
Sat Jun 13, 2020, 10:12 AM
Jun 2020

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 employee’s or applicant’s 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)
33. Possible work around for employees?
Sat Jun 13, 2020, 10:14 AM
Jun 2020

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)
34. My work around is making it illegal at the Fed level.
Sat Jun 13, 2020, 10:30 AM
Jun 2020

We might actually start reversing the power of money over democracy, long-term.

frazzled

(18,402 posts)
36. There does appear to be a relevant Ohio ordinance
Sat Jun 13, 2020, 12:01 PM
Jun 2020
“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.

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)
38. Oh, thank you!
Sat Jun 13, 2020, 12:08 PM
Jun 2020

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)
47. Yes, there is a difference between firing an employee
Sat Jun 13, 2020, 06:17 PM
Jun 2020

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)
52. That's about the closest -
Sat Jun 13, 2020, 06:38 PM
Jun 2020

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

(20,201 posts)
35. Did it occur to the employer that some CUSTOMERS
Sat Jun 13, 2020, 11:17 AM
Jun 2020

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.

BannonsLiver

(16,396 posts)
45. Weird
Sat Jun 13, 2020, 02:41 PM
Jun 2020

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!

nsd

(2,406 posts)
55. I don't think the Village Inn in this story is a franchise of this company.
Sat Jun 13, 2020, 06:55 PM
Jun 2020

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)
57. I am surprised
Sun Jun 14, 2020, 02:58 PM
Jun 2020

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.





 

smirkymonkey

(63,221 posts)
54. Isn't it kind of ironic to make employees wear masks to support a candidate
Sat Jun 13, 2020, 06:50 PM
Jun 2020

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.

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