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Girl Crazy (Lawyer says a Trump firing on 'The Apprentice' show violated the ADA)
NY Post ^ | 9/28/04 | DON KAPLAN

Posted on 09/28/2004 9:06:07 PM PDT by Diddle E. Squat

When Donald Trump fired loose-cannon Stacie J on last week's episode of "The Apprentice," he may have violated a federal law that forbids employers from getting rid of employees just because they're "crazy."

That's what an employment-discrimination lawyer claimed yesterday — though it is hard to figure out just how serious he is about the charge.

Morris Fischer, a Baltimore lawyer who specializes in employee discrimination cases, argues that even though "The Apprentice" is just a TV show, the prize is a real job and therefore the American Disabilities Act should apply....

(Excerpt) Read more at nypost.com ...


TOPICS: Business/Economy; Crime/Corruption; Culture/Society; Extended News; News/Current Events
KEYWORDS: apprentice; blamethemagic8ball; idiotlawyers; shakespearewuzright; theapprentice; tortreform; tortreformnow; workplace; yerfired
Fischer says that in order to fire her legally, Trump needed to point out something Stacie J — real name: Stacie Jones, who also goes by the name Stacie Upchurch — had actually done wrong.

Either he didn't watch any of the show he is criticizing or he is dishonest(3 guesses as to my interpretation...), because they did that numerous times during the catfight boardroom scenes.

1 posted on 09/28/2004 9:06:07 PM PDT by Diddle E. Squat
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To: Diddle E. Squat

Mindless publicity stunt by scumbag lawyer makes news?


2 posted on 09/28/2004 9:09:12 PM PDT by Mad_Tom_Rackham (CBS's story is sinking faster than Uncle Ted's Oldsmobile.)
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To: Mad_Tom_Rackham

Fischer says that in order to fire her legally, Trump needed to point out something Stacie J — real name: Stacie Jones, who also goes by the name Stacie Upchurch — had actually done wrong.

An employment-descrimination attorney should know that 'in order to fire her legally', she would have to be an employee not a contestant on a tv show.


3 posted on 09/28/2004 9:24:52 PM PDT by jimthewiz
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To: Diddle E. Squat

I think the lawyer should be sued for masquerading as a job holder.


4 posted on 09/28/2004 9:25:56 PM PDT by taxesareforever
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To: Diddle E. Squat

Oh my,if we had only listened to the great bard.


5 posted on 09/28/2004 9:36:36 PM PDT by Cheapskate ("We got the Steeley Dan t shirts!")
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To: Cheapskate
Oh my,if we had only listened to the great bard.

Let's start with Fischer

Maybe a few Freeper attorneys could be rehabilitated.

The legal profession really should at least try to come up with some sort of self-regulating body to encourage good behavior, ethics etc.

6 posted on 09/28/2004 10:00:52 PM PDT by Colorado Doug
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To: jimthewiz
ADA applies during job interviews (which this television show could very possibly be held to be by the court) as well as to "employees." I think this Fischer guy is probably correct technically.

I don't think the incident will ever get to court because then the TV show, and earlier shows in the series, could be shown as evidence, and probably Trump's commercials and other publicity gags. (I think. I am not remotely a lawyer.) Also you would have to find a jury that could be "impartial."
7 posted on 09/29/2004 1:34:21 AM PDT by Iris7 ("Man has always sacrificed truth to his vanity, comfort and advantage. He lives... by make-believe.")
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To: Iris7

No, the ADA does not apply. During the show and the boardroom process it was made clear that Stacy J. had made several notable mistakes that had hurt her team, and specifically mentioned them(like not checking the size of the product she was ordering, showing up with a van too small to transport the product, showing up 5 minutes before the warehouse closed and thus delaying movement of the product by 10 hours in a 36 hour project.) It also was similarly noted that she wasn't a team player, too often distracted the team leader, and couldn't trust her with assignments. While she may have been scapegoated, and the charges of mental problems likely ridiculous catty hyperbole not supported unanimously by the team members, it was unanimous that she was a distraction. That is why Trump fired her, he said in this team-oriented process he can't have a counterproductive loose cannon involved.


8 posted on 09/29/2004 9:03:20 AM PDT by Diddle E. Squat
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To: Diddle E. Squat

Can't people just loose with grace in this country anymore? Do we have to have lawsuits to dispute EVERYTHING?

Besides, I'm pretty sure that in this show, just like in any contest, the "decision of the judge(s) (in this case Trump) is FINAL". I'm sure that's in writing too.


9 posted on 09/29/2004 9:13:05 AM PDT by FourtySeven (47)
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To: Diddle E. Squat; All
actually, she is job applicant-game show contestant not an employee. "You're fired" is basically poetic license for "You have not met our standards of employment.".
Now, if she were hired by and listed a diagnosed medical/mental condition on her job application for which she was being treated or completed a course of professional treatment, she MAY then be eligible to be covered by the ADA.
That is the typical response that weakens the ADA, twists the words AND intentions of the act. It's in the same league as those with the CHARACTER FLAWS OF drug addiction, alcoholism, obesity, chronic ass-ache who attempt to take advantage of the ADA.
10 posted on 09/29/2004 9:40:43 AM PDT by olde north church (Religion of peace, my ass!)
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To: jimthewiz

Hmmm..a particular major American airline can fire someone for any trumpted up reason they want. And they do.

Guess Trump needs to be a little smarter and learn to manufacture more creative reasons to fire people.


11 posted on 09/29/2004 10:14:59 AM PDT by Indie (Ignorance of the truth is no excuse for stupidity.)
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To: Diddle E. Squat

While the ADA has provided protection and assistance to many disabled workers, it is also too broad in it's scope. A new 2 story fire station was recently built here(using some matching federal funds) and had to install elevators and everything else to accomodate all of the handicapped firefighters that we have to hire. So much BS!!!!


12 posted on 09/29/2004 10:22:16 AM PDT by 1FreeAmerican
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To: Mad_Tom_Rackham

Actually, it's an ingenious way of making the pointo of how stupid these laws are.


13 posted on 09/29/2004 10:23:23 AM PDT by Hildy (John Edwards is to Dick Cheney what Potsie was to the Fonz.)
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To: FourtySeven
I'm sure that's in writing too

That's my guess, I'm thinking Trump and the network had quite a few good lawyers draw up some thurough contracts for the contestants before they ever started filming.

14 posted on 09/29/2004 10:26:15 AM PDT by the_devils_advocate_666
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To: Hildy

I don't think that this was the attorney's goal. Although I agree that it was an unintended consequence, at least as noted by rational people.


15 posted on 09/29/2004 9:33:07 PM PDT by Mad_Tom_Rackham (CBS's story is sinking faster than Uncle Ted's Oldsmobile.)
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To: Diddle E. Squat; cyborg
No, the ADA does not apply. During the show and the boardroom process it was made clear that Stacy J. had made several notable mistakes that had hurt her team, and specifically mentioned them(like not checking the size of the product she was ordering, showing up with a van too small to transport the product, showing up 5 minutes before the warehouse closed and thus delaying movement of the product by 10 hours in a 36 hour project.) It also was similarly noted that she wasn't a team player, too often distracted the team leader, and couldn't trust her with assignments. While she may have been scapegoated, and the charges of mental problems likely ridiculous catty hyperbole not supported unanimously by the team members, it was unanimous that she was a distraction. That is why Trump fired her, he said in this team-oriented process he can't have a counterproductive loose cannon involved.

Personally I think there is really no legal justification since none of these contestants are actual employees. Now, if they had been hired, Trump would be facing a potentially volatile situation (which would be settled out of court to avoid issues .....like the ones Merril lynch faced a few short months ago). However since this is a game show i doubt the ADA issues really come to light. A really good lawyer could probably make a case, but i am certain the legal counsel that works for Trump is more than able to stiffle any tense situations.

Now, as for the actual firing, it was nothing more than the girls (the PMS team) using Stacy(ie) as a scapegoat. If it was such a big issue they should have brought it in the first episode (when the 8-ball weirdo thing came up). However they waited until they were in jeopardy before dragging her in. IT was nothing more than base vindictiveness (it was not even strategy ....since in this case it was nothing more than a cat-fight. No real stratagem was involved ....just silly high-school level hogwash). Stacie really did nothing in THAT particular episode to warrant firing.

What is going to be interesting is to see what excuses the ladies give for future failures, because honestly that team is filled with schisms and tension. And they lost again yesterday, and AGAIN tried the whole blame game (let me say seeing Jen C fired was sooooooo satisfying). Although in my opinion around 3 other ladies need to go before the female team stops self-destructing.

Unless something big changes (eg Trump makes the teams co-ed), or unless the women wise up and direct their energies toward winning (instead of each other), they face serious challenges ahead. Though i do see the ladies wising up and being more cohesive ....and in the process giving the dudes he!!.

But they need to stop stabbing each other in the back first. This is NOT Survivor.

16 posted on 09/30/2004 7:14:35 AM PDT by spetznaz (Nuclear missiles: The ultimate Phallic symbol.)
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