Playing with the Law

Playing with the Law

Just like people in any position, estheticians sometimes find themselves in legal issues, whether by something their employer asks them to do, or for other reasons. A salary should not be dependent on completing tasks with which you have personal issues.

What Is Appropriate and What Is Invasive?

In one 2013 case, an esthetician balked over a training session in Brazilian waxing. Her employer asked her to perform a task that involved an area of sensitivity. This became a question of drawing a line between the appropriate and the invasive. Asking that question in this case was a young esthetician who refused to practice a Brazilian waxing on her coworker and receive one herself.

The woman does have a valid point. Although Brazilian waxing is performed in many salons and spas, it is unclear why employees would be required to have a waxing themselves or to practice it on fellow employees for training purposes. Normally, waxing is a very private issue between esthetician and client.

What Was the Esthetician Told at Hiring?

The young woman’s counsel states that her client wasn’t informed at hiring that training sessions would include the forcing of employees to wax each other and receive training waxes themselves. The esthetician’s attorney claims that no one is obligated to do anything at work against her will, and she certainly should not be fired for something she believes was invasive. She felt humiliated in front of the other employees.

This spa worker has filed a lawsuit naming her employer in a sexual harassment suit that also includes retaliation, gender discrimination and wrongful termination. She feels that the relationship of coworkers is different from that of professionals and clients.

“Wrongful Life” Charged in Ultrasound Technician Lawsuit

You have no doubt heard of wrongful death, but what is wrongful life? In Florida, a couple has sued a physician and a sonographer for negligence. The couple claims that if they had known about their son’s disabilities, they would have terminated the pregnancy.

The parents claim that if the ultrasound technicians at OB/GYN Specialists had properly advised them of his missing arms and leg when their ultrasound was done, that they would not have brought the child into the world.

The couple sued their OB/GYN and her ultrasound technician for an estimated $9 million. This figure was determined by estimates to cover the special care the boy will require for 70 years of life.

What Was the Outcome of the Lawsuit?

The couple believes that their physician and her sonographer should have seen the issues before the baby was born. The couple states that the ultrasound technician did not properly read their sonograms. A jury held the doctor and technician as negligent.

The Santanas did not win $9, but they were awarded $4.5 million, which they state will assist greatly in the raising of Bryan, their son.

What Did the Defense Say?

The attorney who represented the physician and the clinic states that they will appeal the decision. The clinic officials state that the Santanas refused offers to have an amniocentesis, which would have better predicted the problems in the child before he was born. The child will face challenges for his whole life, but they will not make his life out to be not worth living.

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