Legal Question in Employment Law in California
Legal rights after being fired
I was fired from my job because I wear three earings. Do they have to give me a written warning for that before they can fire me? And am I allowed a copy of my employee file from them?
2 Answers from Attorneys
Re: Legal rights after being fired
They do not have to warn you. they must let you see your file but they do not have to give you a copy.
Re: Legal rights after being fired
As is often the problem, I don't have all the facts to assess the legality of this firing. Dress and grooming codes/policies are generally permitted if the employer relies on them to present a public image supporting its marketing goal. For example, Disneyland projects a "clean cut" all-American image, (as it defines those concepts) and so sets limits on hair length, moustaches, tatoos, jewelry, etc.
I hedge on this point however: is the image related to your ex-employer's business, or was it used as a pretext for discrimination on the basis of gender, race, sexual orientation, etc. If so, then no amount of warnings or lack of warnings is relevant. The proof of discrimination may be by indirect, circumstantial evidence that others not following a dress or grooming code were not fired, although you were.