We’ve all heard of job offers being withdrawn or people being fired after employers discover an applicant or employee has lied or exaggerated their qualifications, education, work history, required skills or references. But what about how a person looks or dresses? Can a refusal to dress in accordance with requirements in an employee handbook be a legitimate basis for termination?
That question was the basis of one of the more interesting discussions I’ve ever had with a newly minted attorney hired by at a law firm right out of law school.
“After two outstanding interviews — where he was professionally dressed — I offered ‘Ben’ a position in our firm,” senior partner “Sharon” told me. “Our handbook contains a statement acknowledging that he read and understood its provisions, including appearance and clothing requirements. Men must wear a suit and tie and have no visible tattoos or piercings at all times.
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“His first day on the job was Casual Friday, when employees are permitted to wear jeans, but long-sleeved shirts are still required. Ben wore tennis shorts and a polo shirt that revealed his arms, which are covered in tattoos. He had facial, nose, eyebrow and tongue piercings. His hair looked as if it had gone through a smoothie blender.”
Sharon said she asked him, “What’s going on, Ben?”
“This is me,” he replied. “I must be myself and am happy to work here but will dress as I see fit.”
“You are putting yourself at risk of being fired,” Sharon said.
Working for 'The Man'?
“Your articles about the dad running a triathlon and the man who refused to wear a helmet riding a motorcycle were touching,” Sharon told me. “You motivate people to do the right thing. We don’t want to lose good legal talent. Ben is willing to talk with you. Will you help us?”
After attending Loyola University School of Law, H. Dennis Beaver joined California’s Kern County District Attorney’s Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column. “I love law for the reason that I can help people resolve their problems,” he says. “I know it sounds corny, but I just love to be able to use my education and experience to help — simply to help. When a reader contacts me, it is a gift.”
I agreed, and 10 minutes later, Ben called. He repeated the same “this is me” reasoning, but something told me there was more to his story.
“Ben, unless there is outside pressure to give up this job, no one in their right mind would. Is it possible that friends or former classmates have accused you of abandoning your law school goals of improving the world to work for ‘The Man’?”
Long silence. “How did you know that, Mr. Beaver?”
“Lucky guess!” We both laughed. “Ben, most law students have those dreams. I did.”
I went on, “The firm wants you back — properly dressed — and is willing to overlook your rejection of the dress code you agreed to. That says something truly great about this law firm.
“Getting fired right when you’re starting the job isn’t the way to establish a good reputation. So, why not work there for a few years, get trial experience, then open your own shop and accomplish those goals while dressing the way you want, being yourself and helping your clients. Will you think it over?”
He agreed.
An employer must communicate appearance expectations
“Appearance — respecting an employer’s reasonable dress codes — are important,” New York-based job search and career coach Jeff Altman says. “If there is a clash with an employer’s grooming requirements/prohibitions and the applicant’s desires to ‘be themselves,’ then before accepting employment, the applicant needs to disclose that. Hiding your true intentions amounts to misrepresentation. Unless it is based on some provable form of discrimination or violation of law, in at-will states, an employer has the right to terminate that employee immediately.”
Sometimes a dress code is important to represent the seriousness of a profession. “Law firm employees meet with clients and walk into courtrooms.” The firms want their lawyers to present themselves in a certain way, as it’s part of their branding. “Obviously,” Altman adds, “these expectations must be communicated. Orally (during a job interview or orientation) is not sufficient. In any occupation where appearance is important, this could be part of the offer letter, where the employer says, ‘We’re providing a PDF of our Employee Handbook. Signing this offer letter indicates your agreement with its terms and conditions.’”
Transparency is a must
It’s not just about the dress code either. “Regardless of the job, it is important for both parties to come to an agreement on job conditions, such as working from home vs coming into the office,” Altman points out. “This is a two-way street, as employees must be clear about their needs and expectations in the job and to disclose these to potential employers.”
I asked, “We’ve all heard or read about an employer who changed the terms of employment without informing the employees, such as their working hours or salary. Or, the flip side is the employee who wants to alter their working hours. How should these issues be dealt with?”
“Changing terms of employment without consent is not acceptable,” Altman says. “Obviously, there are exceptions. For example, in an emergency when employees are out sick and someone needs to work longer hours. Or, if the company is hanging on by a thread financially, management may have no choice but to let people go or institute an across-the-board reduction in pay.”
Advice for job seekers
University and professional schools do a poor job of preparing graduates for the realities of job interviews. Altman hosts one of the most useful websites I’ve seen, giving viewers a real advantage when meeting with hiring managers. His YouTube channel is especially helpful for recent graduates.
And Ben?
A few days after I talked with him, Sharon texted me, “Here is a Zoom link. We’re waiting for you.”
There stood smiling law partner Sharon and her very happy associate attorney Ben, in a suit and tie.
Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.
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