Can my employer make a new company dress code after I’ve been hired?
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UPDATED: Jul 12, 2023
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UPDATED: Jul 12, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Legal reasons for termination may vary depending on the nature of the job. In most instances, workers are employed on an at will basis. This means they can be fired for any reason, or for no reason, as long as discrimination is not a factor in the firing. When workers are employed under an employment contract, however, acceptable reasons for termination are explained in the employment contract.
What are some common reasons for termination?
At will employment is the rule in all fifty states, unless employers and employees opt out. Under an at will employment system, a worker is permitted to quit whenever he wants and an employer is permitted to fire for any reason as long as it is not discriminatory. This means your boss could technically fire you because he doesn’t like you, because you wear the wrong color shirt to work, because you are late, or because he simply feels like it. As long as he didn’t fire you because of your race, gender, religion, disability or other protected status, all of these reasons are legal reasons.
If you opt out of at will employment, however, then you may have an employment contract that specifies the duration of your contract or relationship with the company. That contract will usually also specify offenses or behaviors that will get you terminated. The contract may not even state a specific time limit or term of employment, but if it specifies a specific procedure for terminations, that procedure must be followed in order for the termination to be legal.
Common reasons for termination specified in most employment contracts include insubordination, poor quality of work, tardiness, absenteeism, or other behaviors that would hinder your ability to do your job properly or make your work performance insufficient to meet the needs of the employer.
Case Studies: Company Dress Code and Employment
Case Study 1: At-Will Employment and Dress Code Changes
Sarah was hired under an at-will employment agreement. Her employer later implemented a new dress code policy requiring formal attire. Despite Sarah’s concerns, the change was within the employer’s rights as an at-will employer, and Sarah was obligated to comply.
Case Study 2: Employment Contract and Dress Code Modifications
Michael had an employment contract specifying the terms of his employment, including the dress code requirements. After several years of working for the company, the employer decided to modify the dress code policy. However, the employment contract did not grant the employer the authority to make such changes without mutual agreement. In this case, Michael’s employer would need to negotiate the modifications to the dress code with him or seek his consent for the new policy to be enforceable.
Case Study 3: Termination for Violating Dress Code
Emma had signed an employment contract that clearly outlined the dress code expectations, emphasizing the importance of professional attire. Despite numerous warnings, Emma consistently violated the dress code policy. As a result, her employer decided to terminate her employment due to ongoing non-compliance. In this case, the employer followed the procedures specified in the employment contract, which provided grounds for termination based on the violation of the dress code policy.
Find the right lawyer for your legal issue.
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Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.