Recognizing that his “Baywatch” days were well behind him, Lester refused to don the skimpy trunks for his test. He commented, “There should be a law prohibiting anyone over the age of 50 from wearing a Speedo.”
The beach patrol fired Lester for insubordination. In 2009, Lester—who’s also a lawyer—sued the state agency that runs Jones Beach, saying the Speedo requirement was an attempt to get rid of older lifeguards. His original lawsuit was dismissed, but now an appeals court has reinstated it.
Lester must prove to a Nassau County court that he was fired because of his age. The state may have to show it required the tight trunks out of business necessity. That may be a stretch.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Three cures for long meetings
- N.J. Supreme Court backs former HR exec who copied documents
- OK to fire worker who has taken FMLA leave--but you had better be prepared to explain why
- Set clear, fairly enforced rules on behavior to trump 'my disability made me do it'