Legal Question in Employment Law in Indiana
Okay, So husband has been working a job for only a month in the state of indiana. He had somewhat or long hair, down to his eyes. His boss told him to get it cut, and he did. When he went into work the following day, with his hair cut. His boss told him that he was going to have to let him go. He said that a customer complained the last time he worked, about his hair being so long, and the boss over him wanted him to be fired. His boss then told him that the customer said he touched his hair and then touched the food, and thats the reason he was letting him go. Its virtually impossible, to see into the working area, because the window leading to the kitchen is only head up. My husband told me he washed his hands and put a new pair of gloves on before he started working again. His boss said hes going to try and get his job back, but he was still going to let him go.
But in the state of Indiana, can you really let someone go over something like this, without giving them a warning?
2 Answers from Attorneys
Yes, unless there is an existing procedures policy or contract ora labor agreementthat that states otherwise.
In the state of Indiana, "at will" employment is the law. That means an employer can fire an employee for good reason, bad reason, or no reason, but not for an unlawful reason. If an employer fires an employee for a "bad reason" or "no reason," then the recourse for the employee is unemployment (depending of course on what the "bad reason" was). A "bad reason" might be, for example, that the employer decided he didn't want someone who was uglier than himself. Bad reason. But, if the employer decided he didn't want someone who was black, or Hispanic, or female, or was too old, well, those are bad reasons but they are also unlawful reasons. Federal and state laws prohibit such firings and provide remedies to the employee. In your case, it sounds like the employer will argue he had good reason to fire your husband. It will likely stick.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
