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propertyofkayla |
Employment Termination for Emo hair?
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Hi my name is Kyle. I work in Edina, Mn as a server in a retirement home & just the other day my boss threatened to fire me & or put me on 2 weeks suspension because of my long hair! The way I wear my hair is classified as “emo”, so the hair falls in front of the eyes. I do my best to get it out of my eyes, but there is only so much you can do, and I feel I shouldn’t have to cut it when it’s a style choice.
I explained to her numerous times to her that you can’t fire someone because of there hair trend, but she said yes I can it’s in the handbook! We must have argued for 5 min. straight at work cussing each other out.
Here’s what our handbook says word for word about personal appearance under the category hair:
Hair:
Must be clean.
If longer than shoulder length it must be pulled back.
NEVER comb your hair in the restaurant.
Additional Details Is there a law out there that allows managers to fire their employees for their choice of hairstyle? if so what is that law called.
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Show all answers
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Karlee G
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That's really no different then if a girl had swoopy bangs that go over the eye.
I can understand why she would be angry because it doesn't look professional, I would think she can't fire you for that because it didn't say any where that you couldn't have hair like that, but I think she can fire you for pretty much anything.
and working in the kitchen with long hair without a net is not the same thing. You have to wear a net for sanitary reasons so your hair doesn't fall into the food. Having hair that looks unprofessional is completely different
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Jessica T
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i really dont think their is and if their is that is soooo ****** stupid... i hate when people jugde people by their hair... i live in a really small town and like 3 years ago i decided to dye my hair with bright colors everyone in my town freaked out and people would just stare.. it was sooo stupid ... yet this year high school girls aare doing what i started doing 3 years ago .. but they dont get the crap that i got..
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emma
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The rule isn't fair. People shouldn't descriminate based on appearances. However, rules are rules, and since you broke one, they can fire you.
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The Citizen
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Emo hair? I'd fire ya too! But seriously folks...
If you work in a union shop or for a public entity, they may or may not be able to terminate you based on your hairstyle, depending on whether you have violated company rules or the handbook.
If it's neither and you have no employment contract, then you are most likely an employee "at will", and can be fired for any reason or no reason at all. The exception is there are a few expressly illegal reasons to fire someone. For instance, they couldn't fire you if you wore a yarmulke because you're an orthodox Jew as religion is considered a "protected category" under the law, but emo hair? Yeah, as an at-will employee they can definitely can you for that no matter what your employee handbook says. They could even fire you for having an Obama sticker on your car if they wanted to. A lot of people are surprised to hear just how few reasons for firing an "at-will" employee are actually illegal.
Now cut your hair, hippie! :) Can you wear a hat? Maybe that's a good compromise.
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rwa000
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they pay your salary therefore they make the rules including your hair style or lack of, hygiene, dress,etc, you have no rights as far as this is concerned either do what they ask or face the consequences
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BRIANA D
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Although you make a point, it is a very immature one. Think of it this way, being an employee is a privilege. "Servers come a dime a dozen." Thats what i was told by my former manager when i was a waitress. Some times you have to adjust to certain work environments or just find another job. Is is not only rude and untidy but also unsanitary to have hair hanging down, that is why girls must pull it back. If hair is hanging in your face, how are you going to make eye contact with a customer? Either way you might be able to find a restaurant with lower standards who wont mind your hair, but they do have the right to proceed with their dress code, just as schools do. Good luck.
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Atheist
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"I do my best to get it out of my eyes, but there is only so much you can do, and I feel I shouldn’t have to cut it when it’s a style choice."
If you want to keep your job, cut it. Your employer has every right to limit the looks of his or her employees to keep a certain quality to their business. If she fires you and you take her to court, it's her word against yours. She'd probably say that you weren't presenting yourself in a proper and mature way for the business you're in, and she has every right to do that. It's not a law, but it's her business.
If you want your job, cut your hair or style it some other way. I had a similar hair style with my hair in my eyes. When I was hired at my old job, I simply bobby pinned it out of my face to make it look like a bobbed haircut, not the "emo" style. It wasn't emo, but it could've been misconstrued to be such.
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JimDandy
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Sorry, the employer can tell you to cut your hair, and fire you if you don't do it. But, if I were you, I'd worry more about that cussing back and forth with your supervisor. In most places, insubordination will get you fired much faster than the length of your hair.
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Judy
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Yes, they can legally fire you. Be glad they gave you the chance first to correct the problem, they didn't have to, and could have just fired you even if your hairstyle wasn't unacceptable to them.
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Evil_Minion79
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Employers can pretty much fire you for whatever they want unless your in a union. Sorry man. Just the way the world works. Sadly, unions are becoming a thing of the pass.
I bet you signed a piece of paper when you got hired that said something like "Your employer has the right to terminate you at anytime with or without reason" Almost all non-union employers has this now.
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Just me.
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Remember that you are serving food. If you are so sensitive about your hair ask if you can wear a hat or hairnet when you are serving food.
PS : I would not want to find hair in my food that wasn't mine ! That is just plain nasty.
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Rick B
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Of course you can be fired for your hair!!! That is not a protected class.
Get a hair cut and grow up. If you want to work in a professional environment you will have to look professional. If you want to work at a fast food joint, you can probably get away with it if it is under a hat.
Of course there is no law against this. What a silly question.
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leysarob
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Your hair length is not protected by law. Unless you have a certified religious reason for keeping your hairstyle, your employer can legally tell you to cut it, change it, etc., and can fire you for refusing to do so.
You need to learn to pick your battles. Perhaps you would be better served to work in an industry where your hairstyle is more accepted -- maybe even encouraged.
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RexBlitzen
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The employer has every right to set a dress code. I went to Catholic school and I got warned numerous times to cut my hair, and I did. Same with some of my jobs.
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Dr. Phil
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yes there is job requirements
same thing if you work on a kitchen with long hair and no net
you have to fallow the rules
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Wise Old Crone Liz
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Yes they can fire you if you do not have a neat and hygienic appearance
find a way to gel it back at work or look for a new job
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Alexie W
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I think you have to pull it back. They make clips.
Most states employment laws at "at will", meaning they can fire you without cause.
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