There was a time when tattoos were associated with the “outcasts” of society, like gang members and controversial artists. Nowadays, around 30% of all American adults have at least one tattoo and see them as an artistic form of self-expression. Still, there are plenty of people with more conservative values, and some of them are employers who are displeased with the idea of permanent body modifications. But not liking tattoos and holding it against someone that works for you are two different things. If an employee is fired due to a refusal to cover up their tattoos, is that a case of wrongful termination?
This is a challenging question to answer, as employers are allowed to enforce dress codes, rules of professional conduct, and other policies that dictate how an employee should look and act. So, let’s talk about how tattoos figure into this equation and what your legal rights are if you were wrongfully terminated for not covering up your tattoos.
If you’re in need of legal advice on a wrongful termination case, contact California Labor Law Employment Attorneys Group to schedule a free consultation.
Can my Employer Force me to Cover up my Tattoos?
Technically, employers can ask you to cover up tattoos and other forms of body modification that may be offensive or shocking to others. But can they force you to cover up? That depends on whether a workplace policy already exists concerning tattoos, which is usually spelled out in the employee dress code. For example, these rules may state that all tattoos must be covered during work hours, or that an employee must cover up tattoos that are offensive to the average person (for example, a swastika).
If such rules are in place, it must be enforced among all employees, meaning an employer cannot regulate tattoos in the workplace based on protected characteristic like gender, religion, and sexuality. Thus, an employee cannot be asked to cover up a Pride Flag tattoo, when other workers at the company don’t have to cover up their tattoos. This is a form of discrimination, which is grounds for a wrongful termination lawsuit in the state of California.
But even in the case of tattoos that are clearly offensive, proper protocols must be followed in order to ensure that the worker’s rights are respected. Take, for example, the recent verdict in a case involving a supermarket worker, who was fired for having a swastika tattoo, along with other far-right symbols. The former Lidl’s Hadley employee took his case to trial, where the judge ruled that he was wrongfully terminated. This ruling, by the way, was purely based on the employer’s failure to conduct a fair and just investigation prior to firing the employee.
Tattoos in the workplace is a complicated issue, and it can be difficult to figure out what counts as “unfair” when it comes to a worker’s right to cover up or not cover up. Our lawyers have the knowledge and experience to determine a case of wrongful termination for body modifications, like tattoos, piercings, and hair styles.
Can I Sue my Employer if I was Fired for not Covering up my Tattoos?
If there is no workplace policy on tattoos, or there is a policy but it’s not being enforced equally across all employees, you may have the right to sue your employer if they fired you for not covering up your tattoos. You may also have a case against your employer if your tattoos resulted in a pay cut, demotion, or some other form of retaliation. These practices are illegal according to federal and state labor laws, meaning you have the right to seek compensation through a wrongful termination complaint.
Keep in mind that you cannot file a lawsuit right away. The legal process starts with a wrongful termination claim, which is filed at the federal or state level. This is something you will need to discuss with an attorney, who can help you determine the best course of action. The agency will schedule a hearing, which is how most of these claims are settled. An attorney is not required for a wrongful termination hearing, but it’s highly recommended due to the complexities that are involved in these cases. It’s also worth noting that your employer will most likely show up with an attorney, which automatically tips the scales in their favor. Having a skilled labor law attorney in your corner is the best way to protect your interests.
If your claim is not settled within 180 days of the filing date, you can pursue your monetary damages through a lawsuit. This is where things get really complicated, so make sure to consult a lawyer that’s experienced in workplace discrimination and retaliation lawsuits. Our legal experts are ready for the challenge of bringing you justice in a case of wrongful termination for refusing to cover up tattoos. To learn about the legal options that are available to you, please give us a call at your earliest convenience.
What is the Average Case Value of a Wrongful Termination Lawsuit?
First, it’s important to understand that a wrongful termination settlement includes a variety of damages, not just the wages you’ve lost due to an unexpected firing. Based on the circumstances that led to your termination, you may be entitled to:
- Lost wages in the form of back pay, front pay, unpaid overtime, bonuses, etc.
- Lost benefits like healthcare and PTO
- Emotional distress
- Possible reinstatement of your job / salary
- Policy changes in your workplace to prevent future incidents of wrongful termination
- Legal fees
- Punitive damages
Based on the combined value of these damages, a wrongful termination case may be worth around $5,000 to $100,000. Yes, that’s a very wide range between those figures, but remember – each claim is based on factors that are unique to the claimant. That’s why it’s essential to contact an experienced wrongful termination lawyer, who can determine a fair amount of damages based on your losses.
How long will it take to Settle my Case?
It’s important to note that each employment case is different, and there is no such thing as an “average” case settlement timeline. However, we are upfront with our clients about the fact that it can take over a year to resolve their claim. Obviously, the cases that take the longest are the ones that go to trial, though this is very rare. As previously mentioned, the legal process begins with a complaint, which is filed with the Equal Opportunity Employment Commission at the federal level or the State of California’s Department of Fair Employment and Housing. If your complaint cannot be settled by the federal or state agency, only then can you take your case to trial. At that point, the settlement process can take 2 or more years, depending on the complexities in your case.
How much time do I have to Sue my Employer?
The statute of limitations for a wrongful termination case depends on the nature of your claim. If your lawsuit is due to a breach of contract – for example, your termination violated a written or oral contract between you and your employer – you have two years to pursue a compensation claim. The two year window also applies if your termination was a “public policy” violation, such as retaliation for reporting unsafe work practices. However, you may have 3 years to file a lawsuit if your termination violated the California Fair Employment and Housing Act (FEHA).
This information can be quite confusing, so it’s in your best interest to call us and verify the statute of limitations that applies to your claim.
Free Second Opinion
Are you frustrated due to the lack of progress on your wrongful termination complaint? Do you have doubts about your attorney’s advice on important issues, like the value of your case or whether you should ask for a trial date? Many other claimants share your concerns, which is why we offer free second opinions. This is a completely free, no-obligation meeting with one of our employment experts. They will review what’s been done on your case so far and advise you of your legal options. Then, it’s up to you to decide if staying with your current law firm is the right choice, or if it’s time to switch your lawyer. No matter what, we’re happy to have educated you on your legal rights and wish you the best with your employment claim. Please take the opportunity to contact us and schedule a free second opinion.
Speak to a California Wrongful Termination Attorney
Employment laws are ever-changing, and it’s hard for employers and employees to keep up with them. Still, that’s no excuse for an employer to fire someone without legal justification. If your employment was wrongfully terminated due to a refusal to cover up your tattoos, the Employment Attorneys Group is here for you. We know employment laws inside and out, along with the nuances that less experienced law firms miss.
On top of our many years of experience in labor disputes, we work on contingency so that your finances are not at risk. Under the Zero fee guarantee, you are never charged upfront when you choose one of our attorneys. The only way we get paid is if you get paid. If we don’t win your case, you owe us absolutely nothing.
If you’re ready to learn more about your rights and fight back against an unfair termination, contact our office for a free case review.
