Can you sue a company that fires you for having a piercing in your face?

Question

I was sent home today because I have a monroe piercing and as much as I tried to take it out,it wouldn't budge. They claim they told me at orientation that I'd have to take it out but they definately didn't. They barely spoke to me about anything at orientation. Is this right? Everyone there has earrings. Which is the same thing..a piece of metal in your body. So I'm just wondering if someone can get in trouble for this. I mean I've heard of a guy suing mcdonalds for being overweight and winning. So would I have any chance if I did take it to court?

Answer 1

You have a very low chance of succeeding in a law suit. Most American employees are considered "employees at will." If you have a contract, then the terms under which you can be terminated are spelled out in the contract.
Assuming you don't have a contract, then you are an "employee at will." That means you can be fired at any time, for almost any reason. You can't be fired due to your religion, your gender, your ethnicity. In some places, you can't be fired for your sexual orientation. You generally cannot be fired due to your age, or due to any disability. But you can be fired for just about any other reason. So yes, they can fire you for having a piercing that they dislike.

One important footnote-- Even if you don't have a written contract, in some cases, employers have employee manuals. Such a manual, in some cases, can be deemed to have contractual effects. Thus, if the manual says that employees will receive at least 3 warnings, etc, etc--- You can argue that the company failed to follow policies, which you relied upon.

It's unlikely that will protect you in this case. it comes down to this-- An employer can tell you how to dress, including forbidding piercings. They have every right to fire you for it.

Answer 2

If they have anything in writing in their handbook regarding dress code and body art (most company's these days do) then unfortunately you have no recourse. Ignorance to the policies and procedures at your company does not mean they do not apply to you. Were you given anything written upon employment? Handbook? Also, as a prospective employee, you bear some responsibilty in insuring that you are able to work in an establishment without removing your piercing. Did you ask about this in the interview? Did you wear your peircing in the interview? Like it or not, earrings are certainly more socially acceptable than other facial peircings and I don't think that is a legitimate argument on why you should not have to remove your piercing at work.

Answer 3

Sorry, but you'd probably have no chance at all.

Most likely, at the orientation they had you sign a statement saying that you were aware of the policy / dress code. Whether or not you specifically remember the presenter saying anything about your piercing, that signature is the only basis they need to fire you, and also the reason why you would have no chance at winning if you sued them. Matter of fact, if you signed a statement you probably couldn't even find a lawyer willing to take your case.

Answer 4

Ear piercings are NOT the same as say piercing your nose. An employer does have the right to have a standard for appearance of its employees. You should have consulted your handbook or asked to see a copy of the rules of conduct before even accepting the employment offer. Any paper work other than tax forms are likely regarding agreements to conduct and other standards, including appearance. Never sign any papers without knowing what you are signing. If you don't agree with a companies stand on issues like piercing, you need to work somewhere else.

Answer 5

Bob is right - they cant fire you for having that particular peircing but most companies dont allow you to wear them on the clock - i dont think its right you cant wear your peircings ( i have a nose ring ) but if you worked for me i would have to go along with company policyu as well - because they want everyone to look a certain way - and they are sometimes afriad it will chase off customers - even though the peircing doesnt really have a true representation of the way you act - even if they didnt tell you personally in orientation - it is most likely listed in your company handbook - wich you should have received before you started working or at orientation - and the company im sure requires you to read this -

i would double check to make sure it is listed - and go from there - but your best bet is to take out your peircing call the manager tell him/her i finally got my peircing out - i would love to come back and begin working -

Answer 6

You have no chance. If you were fired because of your race or something, there would be a law to protect you, but no law protects anyone's right to have piercings. You may think it's not fair that people can have earrings, but that's not for you to decide. I know this will shock you, but if you want to work for someone else and expect them to give you money for it, you can't just do anything you want while you're on the job. Grow up.

Answer 7

It really depends, but I'm sorry to tell you that you would probably lose that case. The fact is that employers have a wide latitude as to what they can require from their employees. Personal freedoms really do not exist in a private workplace. An employer can not discriminated based on certain protected status (race, religion, sex national origin) but somethings are not protected. Finally people sometimes do not realize that the Constitution provides protects to you against oppression by "the government" NOT a private employer. Your employer can actually infringe upon your freedom of speech, for example, and it would not be illegal. I hope this helps.

Answer 8

Did you sign anything that states that company policy bars you from facial piercings? If it's not in writing then you have been damaged (unemployment) and you have a right to sue. The first thing you have to do, before you even call an attorney, is check your employment contract and the items you signed when you were hired.

If all those documents fail to specify anything about facial piercings then call some local attorneys. If I knew some things about the company that fired you I could give you specific advice on how to find an attorney that would tend to be more willing to take on your case in particular. Try and find an attorney who is willing to work on the basis of victory alone.

Forget about going to court though. Most of these kinds of cases will be settled outside of court for two reasons. Less expenses and no public record. But settling outside of court still means money depending on what can be negotiated.

Answer 9

Depends on whether or not they specifically outline such in a dress code policy. A piercing through your face is not the same thing as an earring, sorry to contradict that argument. Do not sue just to follow in the frivolous, waste of time law suits others file. (Such as the man you are speaking of). If you are at fault, then you are at fault and must live and learn.

Answer 10

You will be wasting money if you try to fight it (especially if you live in a "right to work" State) You probably got an employee handbook with all the rules and dress code in it or it is posted on a board. ear rings are mostly acceptable (but not in all workplaces) however face jewelry is not. Some places even require that you not wear cologne or perfume.