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Can you be fired from a genltmens club for gaining a few pounds?
Houston, TX
Viewed 22 times.
Posted 4 months ago in Lawsuits / Disputes
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I have worked as a dancer for 5 years since I was 17. Now that I am in my 20's and have became a woman I have gained weight. I am in no way over weight. I make $8,000 a month. Not a bad salary. I feel that if I was too "fat" I would not be making that. I know skinnier girls who dont come close to making that unless they are doing something else illegal. The new GM has informed me I can no longer go on stage until I lose 15 pounds or I will be fired. I would like to know if this is legal. I never signed a contract saying if I gained weight I couldnt work. Yes I do understand it is a business based on looks. I and many others do not feel I am to that point. I would love to know if I have a case what so ever or do they have the right to fire me. Any advice would be greatly appreciated. Thanks
Answers (1)Jaime Elias Rocha
This attorney is licensed in Texas.
Posted 4 months ago.
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The response below is intended for educational purposes only. It is not intended to be legal advice. Nothing in the response constitutes or creates any attorney-client relationship.
In general employment in Texas is at-will. This means both the employer and the employee can terminate the employment with or without cause at any time. An exception to that rule is when the employer and employee sign an employment agreement which details under what circumstances either party can end the employment relationship. Your question states you never signed a contract stating you would not work if you gained weight. The real question is whether you signed any document with your employer limiting its right to terminate you for any cause. Absent that, the employer may be within its rights to act as it did. Another exception to the general rule is job discrimination based on different treatment because you a member of a protected class. However, weight is not a protected class under State or Federal labor laws.
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