Legal Question in Employment Law in California

I work as a machanic in California, I'm required to wear a uniform. Due to the cold weather I wear a long sleeve shirt over my work tee shirt and a work jacket over that. I'm bring told I cannot wear this shirt and have received a verbal warning and tol I will be written up if I wear it again. Is this legal I the short is under a uniform jacket?


Asked on 2/05/14, 6:47 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Legal?

There is nothing 'illegal' about employers making and enforcing dress and behavior codes. Not only are there no laws in CA against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

With all that said, if there were a legitimate and serious health and safety issue complained about to the company, then retaliation or termination would be improper. Your issue of needing additional warmth is probably not 'serious' enough to qualify for that, especially if you are the only one complaining. You should try to negotiate with the HR or mgmt to allow reasonable appearing 'uniform' type item of additional warm clothing.

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Answered on 2/06/14, 2:00 pm


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