SouthernCutie I don’t know you, but I love you!!JK… Could have been worse, he could have been sent home for BO, right. Give the guy a break.
Lol, that’s true.
[QUOTE=THE C.;1948760]SouthernCutie I don’t know you, but I love you!!JK… [/QUOTE]
I can see where bad breath can be a reason for termination. I had a boss in my early days that had breath so bad it would literally make me sick in the morning when I talked to him. No kidding. I finally had to tell him I couldn’t stand it any more and he kept his distance when he spoke after that discussion. His breath was a combination of coffee, cigarettes and rotten teeth. It was intolerable.
Bad breath can be an inconvenience to very disgusting, BUT as Reingold said in the article, the guy’s job “is to open the door–NOT his mouth.” By the same article, the old man has taken reasonable steps to prevent the bad breath (mints, mouthwash, not eating garlic), so a balance has to be struck here. Obviously management notified him, but the article doesn’t elaborate on how much the management has/hasn’t done since. Could be a lack of proper investigation or a lack of information from management… Regardless, while the management has a right in some form to ask employees to follow proper hygiene, it has to be careful with this man. If they can him, he could allege age discrimination and sic the union on them; the man supporting his mother with his earnings would be INCREDIBLY sympathetic to any jury, so the management better tread very carefully here, or even with just a competent lawyer, this old man could take the management to the cleaners.
It wouldn’t take much to survey the patrons of the building to find out just how offensive his breath might be. I’m sure the management has heard complaints from them before taking matters this far. If they put people on the stand that were offended, or sickened, by his breath then I don’t think the sympathy from a jury will be so great. In today’s age I can’t believe he couldn’t find a way to improve his oral hygiene.
See the updated story here.
According to it, the presentation points to there are no disgruntled patrons, but rather satisfied ones that protest this treatment of this man. Also, it mentions that 2 letters were sent to Seeman. Mgmt allegations were that halitosis “interfered with [his] job performance.” Since his job is to open the door, how did it “interfere” with his “performance”? Mgmt. did not specify, and without that, the burden of proof is on them to state so (also required by the U.S. Constitution). Why not mention the mysterious # of people who complained? There’s no record of it. Why not mention the dates on which such offenses happened of said complaints? Again, no record of it. Furthermore, one poster there quite rightly states there is something fishy about him being suspended without pay. I can’t speak about NY, but in TX, you cannot be suspended without pay unless you have committed a pretty serious and likely violation (with some amount of proof it was already commited, but doesn’t meet the legal preponderance of evidence). In TX, you can only be suspended WITH pay if there’s only an allegation. In other words, without an official complaint (and if NY law is somewhat consistent with TX law), then Seeman has a basis for requesting those 3 days in pay as well. Furthermore, Seeman also got a doctor’s checkup (according to the previous first article at the main site), so Seeman has taken all the possible steps to address this alleged ‘grievance,’ and on that basis, mgmt. HAS to back down, or then it constitutes labor harassment. This picture would have been completely different had he come to work unshaven, without a bath, in dirty clothing… This takes on a different face altogether.
I don’t deny poor hygiene in general (such as bad breath) can be quite offensive, nor do I downplay it, but based on the facts reported, those facts force me to conclude mgmt. was engaging in harassment. Otherwise, had Seeman spoken about this (and his allegations were false), the mgmt. could claim Seeman slandered them–and consequently would have something to nail him on. However, as a poster mentions at that site, mgmt. is backing down. The report tells me the mgmt. wasn’t being fair, or it wouldn’t back down.
If patrons aren’t complaining then I don’t see the problem. They could give him a pack of gum, breath mints or something like Breath Assure pills. The Breath Assure pills will stop bad breath from sources in your blood stream. They will kill garlic breath in a few minutes.