Legal Question in Business Law in Washington

I was written up at work the other day for having a jacket on inside our retail mall store. While we have company provided shirts, not so with jackets. We cannot control the mall heat, I was cold, so I put on my jacket. Not only was I told to take it off, several days later I was written up for being out of uniform. I live in Washington state, and I would like to know if there is a law regarding whether employer can keep me from wearing a jacket to keep from being cold. Our "Policies" for dress code state that "no outer wear should be worn"..in other areas of these policies it states "can not" or "must" or "must not" for ties, or dresses or other dress code policies, but the code doesn't say "cannot wear outer wear". This and about 6 other write ups for silly stuff in 5 weeks time, all since I filed a complaint against my manager to corporate...this after not being written up once in my previous 3 years with the company. Some advice please..I am about to turn to my union for retalliation assistance but also wanted legalease info if anyone willing


Asked on 3/19/11, 7:09 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say the following. Normally work policies issued by the employer are enforceable as long as they do not create an unsafe working condition, etc. Were you the only cold person? If everyone else was cold, that's one scenario. If it was just you that was cold, that's entirely different. Some people, like smokers, have poor circulation and can be more susceptible to hot - cold conditions. Since you're in a union, they should be able to answer your question right away. And that's why you pay your union dues. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 3/20/11, 8:15 am


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