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| Pink Gets Bruised |
In March 1997, Claudine Woolf was a star salesperson for the Mary Kay cosmetics company. The company even gave Woolf a cherry-red Pontiac Grand Am to drive as a reward for her stellar performance. But all this was about to change.
First the good news: she was pregnant. Then the bad news: Woolf had breast cancer that required aggressive chemotherapy. Refusing her doctor's recommendation to have an abortion, Woolf endured both pregnancy and chemotherapy. Unfortunately, she became so sick that she couldn't possibly meet Mary Kay's monthly sales quota.
Happily, Woolf gave birth to a healthy, though premature, baby boy. Two months later, she received a letter from her employer threatening to fire her if she didn't meet her quota. Then, while Woolf was still bedridden, Mary Kay sent a tow truck to repossess the Grand Am. That was the last Woolf heard from Mary Kay.
Woolf eventually won her battle with cancer. Then, she took on Mary Kay. Woolf sued the company for illegally discriminating against her because of her illness. Mary Kay responded that Woolf was an independent contractor and therefore was not protected by the employment discrimination laws.
A Texas jury refused to let Mary Kay get away with its mistreatment of Woolf. The jury awarded Woolf $1.24 million for her losses, plus an extra $10 million to punish Mary Kay.
"The thing that makes me the happiest is, they'll never treat another sick person like this again," Woolf told the San Francisco Chronicle. Woolf's lawyer, Angela Alioto, said that if the verdict holds up on appeal, thousands of salespeople would have new rights.
Mary Kay has vowed to appeal the verdict. [Woolf v. Mary Kay Inc. (TX 2002)]
For more information on this topic that's tailored to your company profile, read Memos: |
2090 Independent Contractors 1700 Definition of Employee 7620 Wrongful Discharge if Violation of Law
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