Firing a gay employee?

Recently my uncle opened a restaurant and I hired a employee that I did not know was gay.
While I'm pretty tolerant but my uncle is originally from Korea where being gay is still taboo.
Last week we had a company party where during a discussion on life goals, etc he mentioned he was gay in passing. My uncle was not happy about his and he now want me to fire said employee.
Problem is the employee does a pretty good job and earned a promotion for his work ethic and completing a work place training course that was on his record.
ALSO I am concerned because of the following:
* His Resume:
He was the president of his college gay group.
One of his references is a retired judge.
He is currently volunteering for a HIV prevention group that supports gay men.
* His face book page:
Member of a national gay right group called HRC
Member of the state gay rights group Equality California
Member of the local gay rights group of Orange County

Good friends with
the gay Chief of staff of a state congressman that represents our local districts.
Face book "friends" with a couple attorneys and civil rights leaders that focus on gay rights.

So you see the problem. I am REALLY afraid that if we try to fire him the guy is going to use his experience and connections to make our lives hell.

Should I try to fire him or try to get my uncle to change his mind and how?

P.S. I live in California if that helps.

You can't fire him because he's gay. If he finds out the reason for his firing you can kiss your restaurant goodbye. To paraphrase Ted from Scrubs, "You better bring cab fare to the court house because he'll be driving your car home with him."

as long as you do not tell him he is being fired because he is gay there is nothing he can do

thumbs down all you want.

Unless he can prove being gay was the reason he was fired there is not a thing he can do

Its called employment at will

Just as he can quit anytime he wants, the employer can fire him at any time

While the logic would help your case - because you really can't legally fire him - maybe try explaining to your uncle that it was a misunderstanding and that the employee is straight? It's not exactly honest but it may be the best way to smooth it over.

You can't fire someone for being gay, no matter how small minded and bigoted you are. This violates all kinds of civil rights laws in this country. Sorry, pal, you and your uncle will have to cope on this one.

you cant fire someone for being gay, period.
if you do prepare to be sued and have lots of bad publicity for your business
your grandfather is going to have to deal with it

Beg your uncle not to fire him because the gay guy will own your uncles restaurant if he gets fired. The guy above me is correct. But now you messed yourself up because his attorneys will find this question even if you delete it.

Tell your uncle to consult an employment attorney or he may face the prospect of having a new 鈥減artner鈥?in his restaurant.

It鈥檚 highly likely that your uncle has made derogatory remarks about his gay employee to one or more other people. He鈥檚 running a business and he needs the best employees he can get. If he fires this guy because he鈥檚 gay, the employee will probably figure the game out pretty quickly and sue for discrimination.

Tell your uncle that it may be fine to be anti-gay in Korea, but it鈥檚 not fine here. If you immigrate here, you need to observe our laws and customs, not bring your former country鈥檚 with you. Maybe your uncle should go back to Korea.

I am not gay, but I do not think it鈥檚 fair to discriminate against gays because of their sexual orientation. As long as they don鈥檛 try to put the move on someone else, which I have never seen, they should be treated like anyone else.

Your uncle is skating on VERY thin ice.

First of all You don't have to like a gay/lesbian person but u have to respect them. Second, i think u screwed because if that person really have all that resume stuff and reference than u have to find away to fire them and not base on Sex orientation. Third, by typing this question on yahoo is a bad start. make sure u change your account. Anyway u should talk to your uncle first try to convience him. Educate him. I used to work with gay boss and he's cool and stuff. I don't like gay ppl but i respect them for who they are. I still believe in man and women marriage but if the person what to be gay or lesbian is up to them.

If he is doing a great job leave him alone. If you fire him or treat him any differently he will figure it out...... and your Uncle can saw goodbye to having a restaurant and still probably owe way more money past that.

If this employee is involved in all of these things he is probably no dumb bunny. So since he is somewhat of an activist if fired he will rally the troops.

You need to explain to your Uncle again he could lose the restaurant. If he does and is on the standard 10 year lease the landlord will come after him for the money. Same with leased equipement, service contracts and food venders. Then he still will have to pay the workplace discrimination thing. Insurance may cover some but even if he gets that far his insurance rates may quadruple..... or the company might drop him.

Again..... if he is doing a good job leave him alone.

Tell your uncle he is opening himself up for a lawsuit the likes of which he has never seen before. California is one of only 17 states that actually have laws on the books protecting gays from discrimination in the workplace.

Contrary to popular belief, there is no federal protection for gays and discrimination.

The states which have laws banning such are:

* California
* Connecticut
* District of Columbia
* Hawaii
* Illinois
* Maine
* Maryland
* Massachusetts
* Minnesota
* Nevada
* New Hampshire
* New Jersey
* New Mexico
* New York
* Rhode Island
* Vermont
* Washington
* Wisconsin

Outside of those states, you can in fact fire someone for being gay. You open yourself up to the rainbow coalition standing on your doorstep in protest, but you can do it nonetheless.