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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19067
Experience:  Employment/Labor Law Litigation
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My son and I own a massage spa in. We red a massage

Customer Question

Hello- My son and I own a massage spa in Virginia. We hired a massage therapist in her late forties to work at our spa. she has worked four days. During that time she has had multiple complaints by clients as to her massage and the time given that was
well short of what is offered. she stated she did not understand the time situation and the clients did not communicate their needs well enough to her. The manager spoke with her after the first day regarding several complaints and she became very defiant.
She was angry and stated she should be given more respect by both the client and our staff. There were issues the next day and the lead therapist spoke to her regarding the concerns. She was angry and phoned the manager to say the lead therapist was horrible
and she felt targeted by the staff. She wrote a letter to my son who was on his honeymoon to state if we culd not get our staff together she would be forced to give her two week notice. She left her shirt at the front desk and walked out. Today she sent an
email saying tyrannical behavior and harassment to the staff member that is targeted by other staff members leads to depression and other issues and is not a reason to let someone go. my son has not spoken to her yet but she is clearly unstable and has been
down this road before. She said her other employer and staff were just like us. my question is are there grounds that she can come back to us if we let her go? again, she has worked under a week. The email she sent was certainly legal in verbage and I have
a feeling she is a pro at this.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

She could attempt to allege harassment by the staff as a basis for quitting, so that she can then try to get unemployment. That is one concern, but she hasn't really been there long enough to establish that claim. She can allege it though, so it's something you'd have to respond to when the unemployment commission calls.

She can also try to claim disability discrimination, as she is now stating she is depressed, but that also would be very difficult to establish, as all the complaints about her surfaced before she made you aware of this potential disability. Again though, she can allege it to the EEOC and that will require effort on your part to respond to.

Finally, she can try to file a WC claim, alleging that her disability was caused by or increased by her working there. That would also be very difficult for her to establish based on a very short time frame. Again though, there would be effort in defending such a claim.

Do I think that your efforts in defending the claims would exceed the effort of keeping her employment? Not likely. For you, on these facts, you'd be in a very safe legal position to release her now rather than taking even more time to try to continue establishing more reasons to fire her, while she is establishing facts that might support her too.