legal question??

[prince vlad]

well not really, but im thinking about getting a couple of my piercings back. My job just recently put out a new employee handbook out and no where on there does it say that piercings are not aloowed. It just says that they want us in a professional manner but we are allowed to wear jeans now.

My question is if i get my piercings can they fire me? and

if so, would i be able to collect unemployment since i was fired for something other then job performance or breaking company policy

if i need to post the policy i will....any advice would be appreciated

[Adam D]

If there's some vague clause about "professional attire" or "professional appearance" then they can say that they simply determined it unprofessional and fire you. You should probably just ask them if it's cool.

[prince vlad]

Originally posted by Adam D
If there's some vague clause about "professional attire" or "professional appearance" then they can say that they simply determined it unprofessional and fire you. You should probably just ask them if it's cool.

yeah, i thought about that too, but im pretty sure they would say no.

[Electrovibe]

Originally posted by Adam D
If there's some vague clause about "professional attire" or "professional appearance" then they can say that they simply determined it unprofessional and fire you. You should probably just ask them if it's cool.

You are almost certainly an "at will" employee although check your handbook.

An argument can be made that the handbook is a contract and it defines the terms - blah blah blah

here's the short version of "at will" employment

You can be fired for "good cause" (things such as violations of company policy) or "no cause" (when your services are no longer needed - or they're just tired of looking at you - or its May and they feel like singing) but you may not be fired for "bad cause."

Termination for failure to abide by an establised dress code would probably fall under "good cause." However, most employers will simply terminate the employee with no stated reason - and they have no duty to provide one.

What's the job and where are the piercings? If you don't mind the inquiry.

[Ryan]

They can most likely fire you if they don't like what you're wearing. If they tell you to remove the piercings and you refuse, they can almost certainly fire you. And beware that you may not be eligible for unemployment regardless of why you are terminated. That depends on the employer's participation in the program. Further, if you do receive unemployment, it is based upon your income and will be a very small fraction of what you earn. When I was laid off from a past job that paid over $60k per year, I was in the very top bracket of unemployment and was only eligible for about $1100 per month, and that was before taxes (yes, you do pay taxes on unemployment). My advice, as a guy who's been working for a pretty good while, is to not risk a job for a fashion statement that you'll likely think is lame a few years from now anyway.

Originally posted by Ryan
They can most likely fire you if they don't like what you're wearing. If they tell you to remove the piercings and you refuse, they can almost certainly fire you.

There's no "almost" about it.

Originally posted by Ryan
And beware that you may not be eligible for unemployment regardless of why you are terminated. That depends on the employer's participation in the program. Further, if you do receive unemployment, it is based upon your income and will be a very small fraction of what you earn. When I was laid off from a past job that paid over $60k per year, I was in the very top bracket of unemployment and was only eligible for about $1100 per month, and that was before taxes (yes, you do pay taxes on unemployment). My advice, as a guy who's been working for a pretty good while, is to not risk a job for a fashion statement that you'll likely think is lame a few years from now anyway.

very good point

[neighter]

My 2 cents:

I think Ryan hit the nail on the head:

"My advice, as a guy who's been working for a pretty good while, is to not risk a job for a fashion statement that you'll likely think is lame a few years from now anyway. "

Even if you still like all your piercings 50 years from now, you have to eat. Unless you are 'financially independent' (either working for yourself and calling all the shots or you're just stinkin filthy rich) you most likely have to work for someone else and you have to accept that you will have a boss that calls the shots. Alas, you have to conform to some set of rules - either dress code, or time schedule, or being nice, or whatever.

If you don't need the job, then screw it - do what you want. Otherwise, think twice.

[LastSplash]

Talk to your supervisors first. You never know what they may say. And it would definitely be better to talk first than just showing up pierced.

Although, if you dont need your job - do it.

I had to take out my facial piercings for my job. There came a point in my life where a job was more important than jewelry. Even though I would love to have my piercings still.

[prince vlad]

yeah, thanks for the advice. everybody pretty much said i thought too. Like everyone said one day i will have to play by the mans rules and that day is going to be in 2yrs. My thinking is i might as well dress llike i want now because in a couple of years i wont have that opportunity anymore.

Ill go see what they say tonight.