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I have a serious question

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posted on Jun, 18 2010 @ 12:07 PM
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First off I don't want to hear ANY negative comments about my job and don't tell me I need god either I will ignore you.

I am an dancer of the exotic kind and I have had numerous problems with my boss and how he speaks to me in a vulgar, rude and derogatory manner. He does this with other girls as well, difference is they are scared of him and I am not. I speak my mind back to him. In any other place of employment this would be considered verbal harassment and slander in so many ways. I will not allow someone to talk to me this way. Customers have been appalled at how he speaks to us. I would like to know if the laws that apply in every other business in regards to harassment are supposed to be followed in this business. We are independent contractors but we are still employed by the club. I know people think down of dancers and the stereotype is far from the truth. I am tired of having him treat us in this manner. He thinks that because we are dancers he can get away with it and I want him to see he can't. It's almost like emotional abuse. I can't even repeat what he has said to me on here. It's that bad. I want to file a complaint but I don't know the proper steps. I am fed up with being talked to and treated like I am some piece of trash. It's not right and I am the only one in there with the balls to do anything about it. I have kept track of every time he has and an altercation with me. Yesterday the amount of witnesses and who they were made him look like an
I will not work there as long as he is there and honestly I am glad. The sight of him made me nauseous. I have been in this business on and off for years and I have NEVER had a manager that talked to us like he does. It's just out of control and for him it's a power trip.




posted on Jun, 18 2010 @ 12:21 PM
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I would think the steps to be taken to stop this would be the same as with any other place of business. I am sure he has a business license and has to adhere to laws. I would start by contacting the Better Business Bureau in your area and ask them about the laws and what you might do. Good luck, let us know how its goes.



posted on Jun, 18 2010 @ 12:32 PM
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reply to post by crazydaisy
 


I was thinking the same thing but I didn't know how it all works when you are an independent contractor. I looked online but I didn't get a lot of information. I will try this. Thanks, I will.

People like him need to learn you can't just treat people like that.



posted on Jun, 18 2010 @ 12:32 PM
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duplicate oops.

[edit on 6/18/2010 by mblahnikluver]



posted on Jun, 18 2010 @ 12:32 PM
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triplicate


[edit on 6/18/2010 by mblahnikluver]



posted on Jun, 18 2010 @ 04:04 PM
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What if you convinced all the girls to go on strike, picket signs and all?

Would he have it filled up with other girls or would he see his ways and change?

Is he the boss, or the owner? Can you speak to the owner? Maybe produce a video of the verbal abuse from your cell phone?



posted on Jun, 18 2010 @ 05:53 PM
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You are protected against discrimination (gender; marital status; gender reassignment; pregnancy; sexual orientation; disability; race; colour; ethnic background; nationality; religion or belief; or age) and are entitled to a safe and healthy working environment on a client's premises.


www.bayswan.org...

there is a federal law that protects you. x



posted on Jun, 18 2010 @ 08:54 PM
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well.... wait a sec.

it may be true that contractors are not protected.

If a "contractor" wishes to sue under Title VII, they have to prove to the court that they can be considered an "employee"... it's not cut and dry ... remember that it is in an employer's best interest to define people as "contractors" rather then "employees" it saves the business a lot of cash and liability. But, just because an employer says it is so, does not mean it is. The courts will look at certain benchmarks to define whether a person is an "employee" or not...

such as: (from an old power point I have on Employment Law...)


Common law test to determine worker status:

Who controls the worker? If the employer controls the worker, the worker is an employee. If the worker controls himself or is controlled by someone else he is an independent contractor.

When determining control look to control over the way the work is performed rather than the control of the final product of the work.


Explanation of the Title VII and it's applications

this article is from 2001 though and later court rulings may have changed/defined this better.

I think the best approach is to contact the state's BOLI (bureau of labor and industry) or whatever the equivalent is and find out for certain.


[edit on 18-6-2010 by LadySkadi]



posted on Jun, 18 2010 @ 10:54 PM
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If you're a contractor, you must have signed a contract.
What does it say about working conditions?

As with any harassment case, you have to notify your immediate supervisor or company rep. that you're being harrassed. I imagine that if you did that, your contract would be terminated.

The are some girls suing a club in LA, not for harassment but for being employees as opposed to contractors. I doubt if they'll win.



posted on Jun, 19 2010 @ 04:16 PM
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Originally posted by asala
You are protected against discrimination (gender; marital status; gender reassignment; pregnancy; sexual orientation; disability; race; colour; ethnic background; nationality; religion or belief; or age) and are entitled to a safe and healthy working environment on a client's premises.


www.bayswan.org...

there is a federal law that protects you. x



That is what I thought, but I was always told the laws didn't apply to dancers because we were independent contractors but I kind of figured that wasn't the case. I told him many times that the way he speaks to us is against the law. He gets away with it because nobody else will speak up, but I will.

Thanks for the link and information



posted on Jun, 19 2010 @ 04:49 PM
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Mblah...you are one of few woman that I both respect and admire, mostly due to your tenacity, your strength, your integrity..and most of all, your ability to not take any (*) from anyone.
Ya'll know what to do.



posted on Jun, 19 2010 @ 05:15 PM
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reply to post by AccessDenied
 



Wow great song, always loved it. I once worked for a jerk that thought he could come up behind me and put his hand down my top anytime he wanted. I was young and didn't know what to do other than quit my job, which I did and it caused me financial problems. Once again I am happy that ATS is here and that we can can help each other out!



posted on Jun, 19 2010 @ 05:17 PM
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reply to post by mblahnikluver
 



Hang in there, don't let anyone intimidate you. Please let us know how it goes. Many stars for you!



posted on Jun, 19 2010 @ 08:21 PM
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reply to post by mblahnikluver
 


If there are over 50 people employed by this business, you are covered under harrassment and discrimination laws and can file a complaint with the EEOC.

As for your style of dancing, if you were doing ballet would it matter? And that is what he needs to understand.



posted on Jun, 19 2010 @ 08:25 PM
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reply to post by mblahnikluver
 


I have also seen a bichon fris own a business for tax breaks, but it doesn't make it legal. And if the IRS were to look hard enough, they would quicly figure out a bichon fris is getting major tax reductions.

The PP is right. Employers who are abusive throw red herrings like this at you to try to prevent you from filing.

The best weapon you have is to educate yourself. Start with the EEOC website.



posted on Jun, 19 2010 @ 09:47 PM
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Reiterating one more time - there is a difference between employee status and contractor status and if one is contractor status (as deemed by the courts, not necessarily by the employer) then Title VII protections are not guaranteed.

Not sure if there are any cases in which exotic dancers have been able to prove to the courts that they are "empolyees" and not contractors, but if you can find an actual case that has had a decision made in that favor, you would be in a stronger position...

*Sorry you have to deal with this jerk...

[edit on 19-6-2010 by LadySkadi]



posted on Jun, 19 2010 @ 10:44 PM
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Hey

Maybe I missed it, but I can't see if you've told anyone where you live. I think that's important to help everyone here figure out what the rules are for this situation and how to handle them.



posted on Jun, 20 2010 @ 07:04 AM
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Originally posted by _Phoenix_
Hey

Maybe I missed it, but I can't see if you've told anyone where you live. I think that's important to help everyone here figure out what the rules are for this situation and how to handle them.


not even funny...
:shk:



posted on Jun, 20 2010 @ 09:08 PM
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Originally posted by AccessDenied

Originally posted by _Phoenix_
Hey

Maybe I missed it, but I can't see if you've told anyone where you live. I think that's important to help everyone here figure out what the rules are for this situation and how to handle them.


not even funny...
:shk:

Please explain?



posted on Jun, 20 2010 @ 11:01 PM
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First question I have for you is about being an "independent contractor". By definition, this would mean that you supply all your own equipment, and your boss does not tell you when to come to work or when to leave, you do not clock in, etc. etc. I sincerely doubt that in your situation you actually qualify. Maybe -- but I don't think so. You could call the IRS and ask. If you are not actually an independent contractor, you boss will be in deep crap -- and I mean deep. The IRS will be very very interested.

Secondly, you have brass ovaries for standing up to someone who is abusing you. Most cell phones, video cameras, have recording features and if it were me I would record his abuse.

I personally believe you could not be IC and should qualify as an employee not to have to put up with a situation which is abusive. Ever. Think of how this affects not only you but your faily too -- crap tends to roll downhill.

I would write out your boss's rules and then tape his abuse. Once you get a call of whether you are actually IC by IRS definition, contact an attorney. Best case scenario you could end up owning the joint. Don't let the tards wear you down.



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