Friday, Novembers, 1985
Daily Nebraskan
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Page 3
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9 A
ithoutaclubtoiir, inspection
'By .Shelley Stall
Student Legal Services Lawyer
Question: I have been working at a
local fast food restaurant for the last
two years. I always have received excel
lent job evaluations and regular wage
increases.
Last week I decided to change my
hair and dyed the top part blonde. The "
rest is mostly brown. When I came to
work, my supervisor told me the boss
was mad about my hair and wanted me '
to change it back.
Ask
f Your
b a 1 1
uorney
When I came to work the next day, I
received a one-week suspension notice
that said "Two-tone hair is prohibited.
If your hairstyle is not changed, you
will be terminated."
We have uniforms that include caps.
When I'm wearing the cap, which I
always do on the job, you can't even see
the blonde part of my hair. My supervi
sor is on my side. Can my boss do this to
me? What about my personal freedom?
Answer: If you don't belong to a
union or have a contract, you are prob
ably what the law calls "employed at
will."
Traditionally, an employee hired for
an indefinite term could be fired by the
employer for any reason or no reason at
all.
In the last decade, creative lawyers
have been suing employers on behalf of
employees based on wrongful discharge
due to breach of implied contract
requiring good cause for termination.
So far, I am unaware of any case law
reflecting this trend in Nebraska.
Employer has legal right
Your employer has the legal right to
set reasonable appearance standards
for employees while they are at work.
The way employees appear to the pub
lic is part of the image the business
projects and has an effect on how suc
cessful the business is.
Try this approach:
Write a respectful letter (date it
and keep a copy) to your boss recogniz
ing his or her right to set appearance
standards.
Point out your excellent work
record.
Mention your enjoyment of your
job and your desire to keep it.
Explain that your uniform hat
covers the blonde part of your hair and
that you always wear it while at work
(Have a friend take a picture of you
with your uniform and hat on, attach a
copy of the picture to the letter).
Ask your boss to reconsider his
or her position and talk with you about
it before making a final decision.
Question: I joined a health club a
few months ago. I signed a contract for
monthly installments over a two-year
period. My course load is so heavy this
ioi 10
semester and the club is so far from
campus that I've only gone twice since
I signed up.
Special deals
One reason I signed was that the
club employee, who showed me the
facilities, told me the special deal I
bought was only being offered for one
day and if I left without signing up I
could never have that deal again.
I can't afford these payments and I
don't even use my membership. Is
there any way I can break this contract?
Answer: If your only reason for want
ing out of the contract is that you don't
have time to use the club, it is too far
away and you can't afford it, it is
unlikely you will be able to break the
contract without a penalty.
If you stop payment on the contract,
your delinquent account could be re
ferred to a collection agency and you
could be sued for the total remaining
amount due plus interest and late fees.
You should have an attorney look at the
contract you signed in case something
in the contract or special circumstan
ces not mentioned in your letter allow
you to break the contract.
If someone tries to pressure you into
signing a contract, it almost is always a
good idea to wait and think about it. If
the service or product is such a good
deal, why is the pressure necessary?
If you have a legal question or prob
lem, send a letter to Ask Your Attorney,
co Shelley Stall, Student Legal Servi
ces, Nebraska Union 335, UNL.
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