Lush, a Minneapolis gay bar, celebrated pride weekend by firing its entire staff in a Facebook announcement.
Like so many LGBTQ establishments around the country, Lush suffered under COVID-19, and had to shutter as part of social distancing regulations. Add to that the civil unrest following the death of George Floyd, and a declaration from bar ownership that it would work to diversify its staff during the closure.
Still, nobody expected the bar to lay off its entire staff. “When LUSH reopens it will be better than ever, with a redesigned concept, a new leadership structure, a reimagined entertainment program, and an enhanced commitment to diversity and equity,” the management said in a Facebook post June 15. “As part of this redesign, all positions across our organization will be re-hired in a transparent and equitable process.”
That came as a major surprise to bar employees, who, along with a number of patrons, expressed their outrage on the post.
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“So you basically just fired all of your employees over a Facebook post?” said Derek Drake. “Wow… f*cking cowards. Clearly you aren’t learning anything from other businesses opening in the community – because plenty are reopening and it’s working just fine for them. Grow a set of balls and learn how to run a better business.”
Related: Customer spits in bartender’s face then flees after being asked to wear a mask at gay bar
“Wow what a total lack of class, firing your staff on a public Facebook post?” wrote Angie Brown. “Who thought this was a good idea? Shame on you.”
Worse, the announcement came after employees drafted a letter to the ownership requesting changes to Lush’s employee practices. Those demands included sensitivity training, a zero-tolerance policy on “inappropriate touching,” and diversification of staff and performers.
48 hours later, Ken Darling, co-owner of the bar, took to Facebook to express his own outrage and regret. Darling claims he was traveling, and that his co-owners James Nelson and Brian Johnston had made the announcement without his input.
“I’m not sure how widely this is known, but I am not an active owner of LUSH;” Darling wrote. “I am not involved in the operations of the business in any meaningful way and have been out of town until a few days ago.”
“I know that’s not an excuse and I am truly sorry,” Darling continued. “I was led to believe that the staff were on board with the need for a redesign, were fully aware that we would not be reopening anytime soon, knew that not everyone would be called back and understood that we were going to concentrate on building a more diverse staff. I, stupidly, thought this statement was to update the general public, affirming facts and plans that had already been communicated to our staff and performers….I failed to do all those things and for that I am deeply sorry. It was completely inappropriate for LUSH staff and performers to learn of such important developments via a Facebook post instead of being communicated with directly.”
Darling went on to say that he had accepted Nelson and Johnson’s resignations, and that he hopes to find more diverse owners for Lush in the near future. “I have already begun to speak to some people who might help make that happen and hope to have more details soon,” Darling said. “I will continue to update the community as the plans are developed.”
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Cam
“Reorganizing” is a scam way businesses can dump any employees they want to if they don’t want to abide by employment laws.
So they claim they are doing a reorganization, then they have employees reapply for their jobs, get rid of the ones they don’t like, keep the ones they do, and when somebody sues because say, the fired all the black women, or Jewish people, etc. the business says “They weren’t fired, we were “reorganizing”.
You’ll notice they did this immediately after employees asked for improvements.
MacAdvisor
I don’t know what kind of employment law you practice, but most states are at will and a business can fire its employees directly or through a reorganization, it doesn’t make any difference. All employees would have the same remedies either way. Moreover, if the business did lay off all of one ethnic group, the use of a “reorganization” would not protect them against unlawful termination claims. Sorry, that just isn’t how things work.
Cam
@MacAdvisor
Federal law and state worker protections come into play. i.e. you can’t just fire all the woman at a job because they’re women. And if a business tells all of it’s employees to “reapply” for their jobs, and then hires them all back accept one, it is obvious that was targeted, and if that person was let go because they had complained about HR issues or business practices, as is the case with this bar, that is “retaliation” which is illegal even in an at will state.
MacAdvisor
One can’t fire even one women for being a women, let alone all of them. That is the point of Title VII of the 1964 Civil Rights Act. It simply doesn’t matter how the company gets there. Fire everyone and then hire back only men or just fire the women to start with, it is still employment decisions based on sex, which is prohibited.
Cam
@MacAdvisor
Yes, exactly, just like it is illegal to retaliate against workers that point out the bar isn’t following proper procedures. If they hire everybody back except those employees, it’s illegal. The bar will use the “reorg” as a defense and to try to keep the employees from suing. If they file suit, the bar will settle.
ShiningSex
Shows how much they loved their staff.
Places like this should close for good
lord.krath
Sorry people, I’m afraid I can’t sympathize with the outrage. Laid-off via Facebook is no different than laid-off in person. The bottom line is that you don’t have a job [at a bar]. It would not have been worth the time and effort to go into work just to be laid-off moments later.
winemaker
Again Facebook’s a chickenshit and cowardly way to fire someone instead of being adult and doing it face to face, plain and simple. What jerks.
Chrisk
I agree. I too got laid off and it was by an email. This is just an effing bar.
Invader7
Shady,sleazy business practices. Typcial for bar owners though. I could tell some horror stories how hospitality business mistreat employees and then fire them. That’s why I don’t patronize a lot of gay owned bars/businesses /clubs,etc. .The owners are scummy, sleazy low life a-hole trash !!
Cam
@Invader7 said “That’s why I don’t patronize a lot of gay owned bars/businesses /clubs,etc. .The owners are scummy, sleazy low life a-hole trash !!”
________________________________
So your insinuation is that straight owned business owners are all great, but the gay owners are sleazy low life trash?
ShowMeGuy
I don’t consider social media communications LEGALLY binding. They’re no different than talking…..just a bunch of empty words floating in the digital air.
Any employer who ever plans on firing me will do it using PAPER and INK.
Jared MacBride
So many lawyers on Queerty.
Cam
Publishing something is generally considered proof. If your employer posts in a Facebook group for employees “We’re closed on Saturday and Sunday, do not come in” and it’s a group that all the employees are on and use, employees couldn’t show up on Sat and demand to be paid.
Something in writing isn’t just like talking. There is proof it happened.
Dunnedin
Sorry, but the courts have ruled electronic messages are equal to the old-fashioned paper & ink. So, if you get an electronic message telling you something, it’s the same as if they have sent you a letter (even better because it has a date/time stamp and when you read it is recorded).
barryaksarben
Obviously, the locals need to boycott this poor excuse for a social center
ChrisGMN
First, Ken Darling is a VERY good person who has been incredibly supportive of the community. I believe Ken’s words in all of this. Secondly, this bar has a long history, with the previous owner being murdered by his ex-boyfriend before Darling and his business partner’s purchasing it. Darling and his partners have done an amazing job with that bar and have turned it into a true destination. What his partners did over FB is absolute shit. I personally know many of the staff there, and hold them in the highest esteem, and wish them the best.
Rock-N-RollHS
Staff seems a little too woke for it’s own good.
“Those demands included sensitivity training, a zero-tolerance policy on ‘inappropriate touching,’ and diversification of staff and performers.”
A gay bar without inappropriate touching! Lol. Honey, what other reason is there to go to a gay bar but to be inappropriately touched–wearing a face mask, of course!
scotshot
You’re one of the losers who go to a gay bar and think that because you tipped a bartender 50 cents that you’re entitled to play grab ass and do whatever you want. Call rent-a-hustler instead.
ThinkPlease
Yeah, that’s just one more example of “woke” that equated to “Didn’t help you keep your job in a collapsing economy.”
But I’m a cynic. They’ll simply equate it to (just as they did) “My boss is a bigot in some fashion and discriminated against me.”
In reality, Darling didn’t call everybody in, potentially expose them yet again to Coronavirus, and is known to be a generally nice fellow. End of story.
Heywood Jablowme
I worked as a bar back long ago and have mixed feelings about that. I hated being groped while I was trying to work! Distracting, even a little dangerous with a lot of glass around. On the other hand I didn’t hate the paper money that mysteriously appeared in my back pants pockets, since when it was super-crowded I rarely knew which of my drooling “fans” put it there. “Look serious but keep smiling” my boss said – easier said than done!
“Youth is wasted on the young.” – G.B. Shaw
Cam
@Rock-N-RollHS
What a surprise, one of the screenames that always defends anti-LGBTQ bigots, thinks employees should be fired for wanting a bar to abide by employment laws.
nm4047
but needless to say, when it re-opens it will be the place to be seen and the go to place for the gay boys of Minneapolis because they read about it somewhere.
MusicBoi74
I worked for a gay bar in an Atlanta suburb for 9 1/2 years. Put up with a lot of bullshit during that time, and finally, the last straw was the owner cussing me out and telling me to go kill myself one night when he was wasted (as usual). A year or so later, he had to close the place down. He blamed it on “homophobia.” I suspect it was more from drinking up all the profits and offending people with his abusive personality. Sad but typical. He kept telling us we were all a “family.” Well, I never had my family tell me “Go kill your f$&king self because we all f$%cking hate you and want you to f$&king die.”
Neoprene
I’m outraged!? Now where are the ex employees going to get their much needed sensitivity training?