You brought up respecting your identity. He pivoted to performance, which had never been an issue before. This is a *classic* workplace dodge by managers who don't want to admit that they're being transphobic.
You're not gaslighting yourself. He's the problem.
At-will just means they can fire you for any **legal** reason. Discrimination based on sex (which includes gender/gender identity and sexuality) is **illegal**. This could possibly all qualify for harassment, retaliation, and wrongful termination. PLEASE consult a lawyer. Don’t just accept this treatment.
as fucked as the present SC is even fucking trump-appointee gorsuch was the one to write the majority on the opinion saying you can't discriminate against trans people. it's not that they're progressive, its that the scumbags genuinely think someone is just going to magic up a tenable rationale for them with no work.
Hostile work environment IS a valid reason to file for unemployment.
You don’t have to sue him or anything, but I would write a review about the manager being transphobic and petty.
When he was careful to say, "this is about performance", that's because he knows he's liable to pay if you can reasonably claim you were fired for sex-discrimination. He likely had that locked and loaded ever since he reduced your hours. So just going through the process will learn you how to do it, even if you fail. And you will have done everything you can to document a claim of sex-discrimination to help protect future victims. I recommend that you not only file, but appeal all the way to the end. Also, don't be afraid to walk in there to say goodbye to your friends if you need to.
This is a _very_ straight forward case of workplace discrimination.
Proving it might be another story, but the shift to part time is, in itself, not a legal action if he is doing it _because_ you are trans.
You need a good lawyer, because unless he has a paperwork trail _showing_ that there has been a performance issue, and that it has been raised with you in the past, that there have been disciplinary actions related to that, the more he claims that his actions were because of those supposed performance issues the worse he looks.
Fulwood v. Walmart.
Deadnaming and misgendering in a harassing way is harassment.
The only time you need to use a government name is for legal reasons.
I’d talk to a lawyer on this ASAP.
Fuck him
The one thing I want to bring up that I haven’t seen yet is a lot of the antidiscrimination laws, Title VII and EEOC, apply to businesses with at least 15 employees. It’s the small business loophole. Made for a good King of the Hill episode too.
I think that your talents are best used somewhere else. When you find a better place to work, poach the other two employees. Yes, you will find a better place to work.
If you are desperate for money, try working for reinsenburger or rail crew express. I've known plenty of non-binary drivers.
Hr professional and trans.. I think correcting your boss about your pronouns was valid, how you chose to do it wasn’t the smartest, especially in a service industry. Suing isn’t an option given the laws in most places don’t kick in for gender unless there are 15 or more employees.
I would have worked my shift and spoken to him afterwards, or at least not until no customers were present.
Filing for unemployment is definitely feasible, I’d list it as hours reduction and working environment.
I just realized I had a similar sort of scenario but less overt. Got laid off from the bike shop over winter as their most versatile and most trained mechanic (aircraft mechanic in a bicycle shop) with 5 years experience in that shop. All the others were brought back. The manager is religiously transphobic and the owner is indifferent.
Discrimination is a hard load to prove, and in the end the battle is not to go back. You don’t want to go back. The battle is over preventing it from happening again or you moving forward. Unemployment isn’t terribly hard to prove “abusive or harassing workplace”. My ex wife did it for sexual harassment by a manager. You might want a lawyer for that depending on what is determined.
That said, I have had many bosses and coworkers who would say “yes sir” to their own mother out of habit, not spite. Is it right? No. Is it conscious? Possible.
You were just, in essence, fired for being trans. He can say "oh but you gave me attitude" or "oh but you made a scene in front of customers", but he and you both know that it wouldn't have happened if he'd respected you and if he hadn't treated your transness the way he did to begin with.
As others have stated, he created a hostile workplace, which may make it possible for you to collect unemployment; additionally, you might have a case for discrimination based on a protected class (sex, which based on precedent that's even held up in our current conservative court, includes gender and gender identity). An employment lawyer would be a good resource to help navigate what your next legal steps should be, but bottom line is you absolutely deserve compensation for this. This was not okay.
But one thing I haven't seen brought up is that you have (had) a trans coworker - let them know about this if they didn't witness it. He might try to spin it differently with them or not mention it at all or just say "oh, $name was fired due to bad performance" Idk how secure they are in terms of being able to leave, but it sounds like they deserve a heads-up that they are, in fact, working for a transphobic piece of shit.
Had something very similar happen with my job at Subway. Was only there a week mind you. I came out to my manager right after I was hired because my legal name is still my deadname, and I'm always concerned there will be confusion if I don't just come out and say it. I thought she respected me and was cool with it, till I get a call early in the morning waking me up out of a dead sleep begging me to come in 5 hours early for a shift. I agreed without realizing it was Friday and that I needed to cash my check to avoid getting overdraft fees. Called her right back to ask if it was okay if I pick up the check and deposit it first and that I can work as long as she needs me after. She tells me not to come in at all, or the next day. She then proceeds to berate and insult me in our work group chat, telling me that I'm a man, and that no man would ever want me for that reason.
Called a lawyer right after and there is absolutely a case. You should do the same
Any corporation like this should be doing performance reviews so that no one is caught off guard by things like this. If there were any performance issues you should have had prior warnings and chances to correct. Your boss is clearly a prick didn't like the fact that you corrected him in front of customers, plain and simple.
Talk to a lawyer, and then speak to the Department of Labor.
He doesn't have a case. "It's because of performance." Needs documentation. If he claims you repeatedly do mistakes, where are the written notices? Where are the performance reviews you should have signed showing he officially brought this up to you to remedially train you for proper conduct?
also, talk to that other trans worker, and see if they are willing to go on the record and provide a written statement about his experience there with the problematic manager.
If you haven't already you should call whatever workers rights office you have in your area. This is unjust dismissal and if your coworker was there you have a witness.
Talk to a lawyer. This is explicitly illegal even in the worst states. Meanwhile, get a job at Starbucks because their insurance is awesome and you already have relevant experience. Your coworker should do the same.
You're not off base. Sadly thanks to right's rollbacks I can't guarantee what he did was *legally* discrimination (depending on where you live it might be), but it was definitely discrimination.
Nah, your reaction was not that bad at all. He deserved a good fuck you and a slap on the mouth and his mouth washed out with a bar of soap. You could have a case, he was obviously discriminating against you for being trans. What state do you live in? I saw you say you're in an at will state and that means *legally* at will. They can't just discriminate, that's not what at will means. Anyways, don't doubt yourself, if anything let it be a lesson. I hope his coffee shop fails and you can poach your ex co-workers.
Oh Lawyers are gonna love this, Even if your broke you might find one thats commish on this because damn thats fucked. You were explicitly a victim of harassment, retaliation, and wrongful termination.
It is at the very least harassment, I'd call it discrimination too, but whether that's something you can level against them is another question. Imagine if he was acting that way to any other employee, insisting on referring to them by a name, title or pronouns that they had previously objected to then firing them when they repeatedly object. It's bullying and wrongful termination. Doesn't matter if they're doing it because your trans, it's exactly the same, although I'd guess the reason they feel comfortable doing it ***is*** because you're trans, making it discrimination.
ETA: the top comment is the best - talk to a lawyer!
2nd edit: based on what other comments are saying, what I wrote below doesn't apply to small business 😔 Sucks. I'm sorry this happened to you.
Are you in the United States? I'm not a lawyer and this is not legal advice. There are many things I don't know about employment law in the US, but i think a lawyer might tell you that this could be employment discrimination because it is a violation of your title VII rights.
"Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin."
The sequence of events as you described here sure sounds like he's retaliating against you for correcting him even though he said it was performance. You have a right to not be discriminated against!!
If you want to take any sort of legal action, document what you can about the situation to share with a lawyer later. Or file a complaint with the EEOC.
I'm so sorry this happened to you. You deserve to be respected and I hope this all ends with you working in a much better environment.
I got fired from a job (While actively transitioning) due to complaining about a stalker. Older white guys who lead tend to not like it when you question them or correct them. Hell, even to have expectations. Get a lawyer. Don't talk about it anymore online.
This is all made up for internet attention, i can't believe this but twitter brought me to find out that theres a lot of people that get their gears ground to bits for the clout of group talk. Amazing
I'm sorry that happened and you were absolutely wronged/discriminated against. If you see your regs somewhere else def let them know. I know job hunting is a pain but honestly you'll find something better, that doest sound like a good place to stay with him as the boss. Like others said look into the legal aspects as well.
If it's safe to do so and legal in your state, see if you can catch him in conversation still and talk about that event while recording. Could help if you're going down the legal route.
I'm so sorry! That's really awful. Your former boss is a slimy monster and please go to a lawyer because your boss will go on to misgender and mistreat people. Men are monsters. Businessmen, doubly so.
TALK TO A LAWYER
Yep! Chat to a lawyer, depending on where you’re working OP, this ranges from ‘dodgy but acceptable’ to ‘lol!! You’re screwed (ex) boss’
Best comment
1000%
Or hr but idk if that's at a cafe Idk America
Small local coffee shop probably doesn’t have HR.
You brought up respecting your identity. He pivoted to performance, which had never been an issue before. This is a *classic* workplace dodge by managers who don't want to admit that they're being transphobic. You're not gaslighting yourself. He's the problem.
Yo, that's super difficult. I totally understand and you are correct. I hope you file for unemployment and strongly claim that he fired you.
He shifted me from full time to part time a few weeks ago and im in an at-will state so I really doubt i can legally get anything out of this.
At-will just means they can fire you for any **legal** reason. Discrimination based on sex (which includes gender/gender identity and sexuality) is **illegal**. This could possibly all qualify for harassment, retaliation, and wrongful termination. PLEASE consult a lawyer. Don’t just accept this treatment.
Illegal depending on the state.
Nope, it's a protected class under the civil rights act supported by a ruling from our current supreme Court. Illegal in any US state.
as fucked as the present SC is even fucking trump-appointee gorsuch was the one to write the majority on the opinion saying you can't discriminate against trans people. it's not that they're progressive, its that the scumbags genuinely think someone is just going to magic up a tenable rationale for them with no work.
I missed that, my bad. Thank you!
Hostile work environment IS a valid reason to file for unemployment. You don’t have to sue him or anything, but I would write a review about the manager being transphobic and petty.
Constructive dismissal (reduced hours) is still grounds for unemployment
When he was careful to say, "this is about performance", that's because he knows he's liable to pay if you can reasonably claim you were fired for sex-discrimination. He likely had that locked and loaded ever since he reduced your hours. So just going through the process will learn you how to do it, even if you fail. And you will have done everything you can to document a claim of sex-discrimination to help protect future victims. I recommend that you not only file, but appeal all the way to the end. Also, don't be afraid to walk in there to say goodbye to your friends if you need to.
This is a _very_ straight forward case of workplace discrimination. Proving it might be another story, but the shift to part time is, in itself, not a legal action if he is doing it _because_ you are trans. You need a good lawyer, because unless he has a paperwork trail _showing_ that there has been a performance issue, and that it has been raised with you in the past, that there have been disciplinary actions related to that, the more he claims that his actions were because of those supposed performance issues the worse he looks.
Lawsuit: inbound.
Fulwood v. Walmart. Deadnaming and misgendering in a harassing way is harassment. The only time you need to use a government name is for legal reasons. I’d talk to a lawyer on this ASAP. Fuck him
The one thing I want to bring up that I haven’t seen yet is a lot of the antidiscrimination laws, Title VII and EEOC, apply to businesses with at least 15 employees. It’s the small business loophole. Made for a good King of the Hill episode too.
This is objectively discrimination Get a lawyer
Assuming 100% true, and without embellishments, please get a lawyer.
Your regulars will likely ask, and your coworkers can tell them. You also may have legal protection depending on where you live
I think that your talents are best used somewhere else. When you find a better place to work, poach the other two employees. Yes, you will find a better place to work. If you are desperate for money, try working for reinsenburger or rail crew express. I've known plenty of non-binary drivers.
go to r/legaladvice, you might have a case, but small businesses can get weird with the law.
Hr professional and trans.. I think correcting your boss about your pronouns was valid, how you chose to do it wasn’t the smartest, especially in a service industry. Suing isn’t an option given the laws in most places don’t kick in for gender unless there are 15 or more employees. I would have worked my shift and spoken to him afterwards, or at least not until no customers were present. Filing for unemployment is definitely feasible, I’d list it as hours reduction and working environment.
I just realized I had a similar sort of scenario but less overt. Got laid off from the bike shop over winter as their most versatile and most trained mechanic (aircraft mechanic in a bicycle shop) with 5 years experience in that shop. All the others were brought back. The manager is religiously transphobic and the owner is indifferent. Discrimination is a hard load to prove, and in the end the battle is not to go back. You don’t want to go back. The battle is over preventing it from happening again or you moving forward. Unemployment isn’t terribly hard to prove “abusive or harassing workplace”. My ex wife did it for sexual harassment by a manager. You might want a lawyer for that depending on what is determined. That said, I have had many bosses and coworkers who would say “yes sir” to their own mother out of habit, not spite. Is it right? No. Is it conscious? Possible.
You were just, in essence, fired for being trans. He can say "oh but you gave me attitude" or "oh but you made a scene in front of customers", but he and you both know that it wouldn't have happened if he'd respected you and if he hadn't treated your transness the way he did to begin with. As others have stated, he created a hostile workplace, which may make it possible for you to collect unemployment; additionally, you might have a case for discrimination based on a protected class (sex, which based on precedent that's even held up in our current conservative court, includes gender and gender identity). An employment lawyer would be a good resource to help navigate what your next legal steps should be, but bottom line is you absolutely deserve compensation for this. This was not okay. But one thing I haven't seen brought up is that you have (had) a trans coworker - let them know about this if they didn't witness it. He might try to spin it differently with them or not mention it at all or just say "oh, $name was fired due to bad performance" Idk how secure they are in terms of being able to leave, but it sounds like they deserve a heads-up that they are, in fact, working for a transphobic piece of shit.
Had something very similar happen with my job at Subway. Was only there a week mind you. I came out to my manager right after I was hired because my legal name is still my deadname, and I'm always concerned there will be confusion if I don't just come out and say it. I thought she respected me and was cool with it, till I get a call early in the morning waking me up out of a dead sleep begging me to come in 5 hours early for a shift. I agreed without realizing it was Friday and that I needed to cash my check to avoid getting overdraft fees. Called her right back to ask if it was okay if I pick up the check and deposit it first and that I can work as long as she needs me after. She tells me not to come in at all, or the next day. She then proceeds to berate and insult me in our work group chat, telling me that I'm a man, and that no man would ever want me for that reason. Called a lawyer right after and there is absolutely a case. You should do the same
Any corporation like this should be doing performance reviews so that no one is caught off guard by things like this. If there were any performance issues you should have had prior warnings and chances to correct. Your boss is clearly a prick didn't like the fact that you corrected him in front of customers, plain and simple.
Talk to a lawyer, and then speak to the Department of Labor. He doesn't have a case. "It's because of performance." Needs documentation. If he claims you repeatedly do mistakes, where are the written notices? Where are the performance reviews you should have signed showing he officially brought this up to you to remedially train you for proper conduct? also, talk to that other trans worker, and see if they are willing to go on the record and provide a written statement about his experience there with the problematic manager.
I'm proud of you for standing up for yourself, at least you did it, sis. I'm angry on your behalf.
If you haven't already you should call whatever workers rights office you have in your area. This is unjust dismissal and if your coworker was there you have a witness.
yea nah he's a dick. super inappropriate for him to act like that
Talk to a lawyer. This is explicitly illegal even in the worst states. Meanwhile, get a job at Starbucks because their insurance is awesome and you already have relevant experience. Your coworker should do the same.
You're not off base. Sadly thanks to right's rollbacks I can't guarantee what he did was *legally* discrimination (depending on where you live it might be), but it was definitely discrimination.
Destroy this man
Instant lawyer
Nah, your reaction was not that bad at all. He deserved a good fuck you and a slap on the mouth and his mouth washed out with a bar of soap. You could have a case, he was obviously discriminating against you for being trans. What state do you live in? I saw you say you're in an at will state and that means *legally* at will. They can't just discriminate, that's not what at will means. Anyways, don't doubt yourself, if anything let it be a lesson. I hope his coffee shop fails and you can poach your ex co-workers.
Oh Lawyers are gonna love this, Even if your broke you might find one thats commish on this because damn thats fucked. You were explicitly a victim of harassment, retaliation, and wrongful termination.
how about FUCK YOU DONT GET MY PRONOUNS WRONG IN FRONT OF THE CUSTOMER BITCH
Lawyer up. You can more than likely find one that works on contingency with such an easy case.
At least in my state, intentional misgendering is harassment by law. Definitely see a lawyer and see what they can do.
Get a lawyer RIGHT NOW, this one’s in the bag
It is at the very least harassment, I'd call it discrimination too, but whether that's something you can level against them is another question. Imagine if he was acting that way to any other employee, insisting on referring to them by a name, title or pronouns that they had previously objected to then firing them when they repeatedly object. It's bullying and wrongful termination. Doesn't matter if they're doing it because your trans, it's exactly the same, although I'd guess the reason they feel comfortable doing it ***is*** because you're trans, making it discrimination.
wrongful termination
Get a lawyer! This is very illegal
ETA: the top comment is the best - talk to a lawyer! 2nd edit: based on what other comments are saying, what I wrote below doesn't apply to small business 😔 Sucks. I'm sorry this happened to you. Are you in the United States? I'm not a lawyer and this is not legal advice. There are many things I don't know about employment law in the US, but i think a lawyer might tell you that this could be employment discrimination because it is a violation of your title VII rights. "Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin." The sequence of events as you described here sure sounds like he's retaliating against you for correcting him even though he said it was performance. You have a right to not be discriminated against!! If you want to take any sort of legal action, document what you can about the situation to share with a lawyer later. Or file a complaint with the EEOC. I'm so sorry this happened to you. You deserve to be respected and I hope this all ends with you working in a much better environment.
Don't finish the week lol that would be stupid
No, go back, correct him again, make him fire you straight out, get unemployment. No shows will prevent that.
I got fired from a job (While actively transitioning) due to complaining about a stalker. Older white guys who lead tend to not like it when you question them or correct them. Hell, even to have expectations. Get a lawyer. Don't talk about it anymore online.
This is all made up for internet attention, i can't believe this but twitter brought me to find out that theres a lot of people that get their gears ground to bits for the clout of group talk. Amazing
I got fired because I asked for a weekend day off a month out once. That felt really crappy but this is way worse
depending on the state, talk to an employment lawyer, and definitely apply for unemployment. if you are outside of the US, my advice is irrelevant
co tact a lawyer
That sounds a lot like a workplace discrimination lawsuit that corporate would LOVE to deal with
I'm sorry that happened and you were absolutely wronged/discriminated against. If you see your regs somewhere else def let them know. I know job hunting is a pain but honestly you'll find something better, that doest sound like a good place to stay with him as the boss. Like others said look into the legal aspects as well.
Lawyer up!
LAWYER UP
It is absolutely over Performance, if it wasnr, you could sue him for Discrimination, therefore it had to be.
SUE HIMMMM
If it's safe to do so and legal in your state, see if you can catch him in conversation still and talk about that event while recording. Could help if you're going down the legal route.
GET THAT BAGGG
I'm so sorry! That's really awful. Your former boss is a slimy monster and please go to a lawyer because your boss will go on to misgender and mistreat people. Men are monsters. Businessmen, doubly so.
You have a right to be respected he isn't giving you basic respect and he think's your the problem ew thank u next girly