Question regarding employee dress code regulations...

[Ariel Mae]

Can an employer try to regulate what a worker wears in the establishment on their days off? Say a worker wears a certain attire/accessory a manager doesn't like/has heard about and doesn't like through simple hearsay...can the employer/manager tell the employee 'Don't wear that ANY time you're in the store/establishmen, even on your days off...even if it's a date, or group time with friends, DO NOT WEAR THAT ACCESSORY/ATTIRE'?

 

[GoldieSaysMeep2]

I would say no, not unless the employee is recognizable as an employee to other customers who may be in the establishment at the same time the off duty employee, ie. a familiar waitress etc. AND even then only if the article in question is somehow blatantly offensive or contradicts the message the employer wants to put forth.

It's hard to tell without knowing specifics.

Personally, I would not risk it in this climate if I was the employee. If the employee is fired over it, the employer will say they fired them for something else and the employee will have a very hard case to prove.

 

[MiniGirl]

I guess it just depends on the business. I was a f/a. If I wanted to travel on my days off, I had to follow the dress code. If I went into Operations on my days off, I had to be dressed a certain way.

I would think that if it was a retail store or restuarant, they couldn't -- unless you tried using an employee discount or do something that called attention to you as an employee.

 

[quentina]

Yes.....you are a representative of the company whether on the clock or not. IF you work with the public (cashier, waitress, bank etc), customer will make judgement and some complain EVEN though you are on your own time.

 

[Ariel Mae]

But wouldn't that mean that they could go so far as to say 'don't wear this thing/attire/etc period'? Wouldn't that bit of discretion give them further leeway, if the employee so far represented the restraunt/store/etc? Where does the line get to be drawn, then?

 

[Ariel Mae]

We all represent someone, do we not? So, say if I work for a company, and they don't like the necklace I'm wearing...they tell me not to wear it in their establishment, because I reprsent them, on their off days. I turn and say, "Don't I establish you, period? What if someone recognizes me off work, at, say, Walmart? Am I to not wear it then?"

Why can they say such?

 

[GoldieSaysMeep2]

I would think the attire in question would have to be extremely offensive. Again, we need more detail. Every situation is different.

 

[Ariel Mae]

It's a necklace, I believe, that we are having problems with. That's the furthest I can go. It's a choker type necklace, if my sources are correct. Nothing offensive. Nothing dangerous. Nothing naughty. Just a choker.

 

[Ariel Mae]

I just think if they can say 'don't wear this when you're here because you represent us' is...leaving a line open for 'don't wear this when you're off, period, because you represent us, and people might recognize that'.

 

[Lisa loves Pooh]

Good question.

I know my BIL worked for NWA and whenever they rode in First class on a comped or reduced ticket, they had to dress a certain way as they were representatives of the company as long as they were using the company dime.

I would think the same would work in a retail environment that they can control what you don't wear in your off time while on company property. Customers can recognize you and may get the wrong impression.

They can't fully control what you do on your own time, but they can decide you are not a good fit for the company if what you do in your off time is counter to the company policy. I.e. you moonlight as a stripper or something.

Most states are right to work states and the liklihood of an employee "winning" some type of case would be extremely slim.

Not sure what is bad about the choker that you cannot disclose more. If it is religious related, there can be implications for the company to prohibit that.

The thing about "freedom of speech/expression"--it gives us the right to bash our govt, but there are times and places where our "speech" and "expression" can be guarded or limited by various policies and that would include attire. We don't have the right, always to do as we please whenever and wherever we please with the constitution's blessing.

If I were the employee, I would not rock the boat as it is unlikely the employee would win any battle they attempted.

 

[Mean Queen]

I think it all depends on the circumstances and the reason behind the rule. I'm not allowed to wear open toed shoes at work, even when I come in on my time off because it's a safety issue. Also, since I am often a "face" of my department, I have to follow reasonable rules when I show up at work on my off time. Do you have an idea why your necklace is causing issues? Is it a religious symbol? Does it appear to be a S&M item or something else than can be considered offensive by some?

 

[Lisa loves Pooh]

We all represent someone, do we not? So, say if I work for a company, and they don't like the necklace I'm wearing...they tell me not to wear it in their establishment, because I reprsent them, on their off days. I turn and say, "Don't I establish you, period? What if someone recognizes me off work, at, say, Walmart? Am I to not wear it then?"

Why can they say such?

There are some companies that do not even allow you to shop at the competition.

However, depending on your status with the company, they may be able to obligate you to certain comportment standards off site. It really all depends and I do believe you are stretching a company rule beyond its intent for a situaton that hasn't even occurred, yet. (getting in trouble for off property attire.)

 

[kidzmom3]

I just think if they can say 'don't wear this when you're here because you represent us' is...leaving a line open for 'don't wear this when you're off, period, because you represent us, and people might recognize that'.

I think you are reading too much into the policy. They can only dictate on their premises. They cannot tell you what to wear in your private life, when you are off of their privately owned property.

Also, its a fact of life that you are judged all the time. If your boss happened to see you at the mall or on facebook wearing and doing questionable things, this will affect their view of you. They couldn't stop you because it is not their establishment. But,this could cause you to lose promotions or even your job. They won't say that is why it happened, but its still the reality.

 

[Imzadi]

Yes.....you are a representative of the company whether on the clock or not. IF you work with the public (cashier, waitress, bank etc), customer will make judgement and some complain EVEN though you are on your own time.

Yes, what quentina said. You respresent the company. You're on their premises. You are still apart of the company in your off times, especially If you purposely go to that premises. If you don't like their rules in your off time, you shouldn't be on their premises. That is your choice.

I think you are reading too much into the policy. They can only dictate on their premises. They cannot tell you what to wear in your private life, when you are off of their privately owned property.

What she said, too.

 

[barkley]

i believe it depends on the employer, the state laws that apply, and any contract (private or union) that may apply.


some examples (from my personal experience)-

employed in california (right to work state, so no 'at will' outs for employers)-

(1) private company (MEGA chain restaurant)-employees signed upon job acceptance (via doing orientation where employee handbook was reviewed and employees signed that they aknowledged that they would adhere to all policies as a condition of employment) strictly limited times/days/duration/dress code an employee could be on the buisness property FOR ANY REASON, and their "activities" on premises. this was upheld at several court levels (background-an employee who was correctly terminated by the company attempted to garner thousands of dollars in unpaid wages and benefits because he routinely came in during his off time and might briefly 'talk shop' with co-workers, he was also reccognized by regular patrons by virtue of his habit of wearing colors identified as the company colors and on a few occasions was asked a question-as though he was on duty-which he later used as a further basis for having done uncompensable work).

(2) public employer (government)-union contract which strictly stated what we could wear in our assigned office, any office or place we were at during our work hours, and to some extent-any associated office where it was reasonable we could be identified/reccognized for the position we held.


with private employers it's much less restrictive re. employee rights-it's private property so they can totaly ban an employee from being on the premises outside their work hours (the employer i cited in example #1 took this to the extreeme-employees had to be totaly off the property within 15 minutes of the end of their shift and could not be on the property more than 15 minute prior to or sooner than 2 hours following their shift ending-and they did terminate for violations).

 

[FireDancer]

I don't see how a choker could be against the dress code unless jewelry is banned but I'd have to see it.

I don't know why in the heck I would go hang out in my office with my friends on my day off, but if I went in I would make sure I was dressed somewhat appropriate. Even though I am not working and wouldn't necessarily wear work attire I would not wear anything like a wife beater or anything like that. You never know when anyone from the board is in and I want to present myself as somewhat professional if they are there.

I don't know why the heck I would have a date there either. Maybe if we were meeting at the office to go somewhere out of convenience but I wouldn't have them up into the corporate area. Heck, even the married guys in corporate don't bring their wives into the office. That part of the question is a bit strange.

 

[OceanAnnie]

A plain choker? I don't see the issue.

 

[Ariel Mae]

I don't see how a choker could be against the dress code unless jewelry is banned but I'd have to see it.

I don't know why in the heck I would go hang out in my office with my friends on my day off, but if I went in I would make sure I was dressed somewhat appropriate. Even though I am not working and wouldn't necessarily wear work attire I would not wear anything like a wife beater or anything like that. You never know when anyone from the board is in and I want to present myself as somewhat professional if they are there.

I don't know why the heck I would have a date there either. Maybe if we were meeting at the office to go somewhere out of convenience but I wouldn't have them up into the corporate area. Heck, even the married guys in corporate don't bring their wives into the office. That part of the question is a bit strange.

Because it's a food/eating establishment, not an office/corporate establishmen.

 

[CathrynRose]

Because it's a food/eating establishment, not an office/corporate establishmen.

Can we describe this choker? Does it look like a spiked dog collar or something?

When I worked in a restaurant, they didn't allow tattoo's. I had a big ol' box of large bandaids I'd slap on my tattoo, for my shift.

I'd then, rip it off after my shift, and sit at the bar, with a sweatshirt over my 'uniform'. And you could see my tattoo.

I dunno.... I guess it depends on the place.

 

[cdepauli]

Yes, they most certainly can. They can also turn away patrons if they're dressed inappropriately if they choose (most won't though). The person in question is both an employee and a patron when they are there in their time off. It doesn't follow logically, though, that they can tell an employee what to do off of their premises. That's a slippery slope fallacy. An employee's behavior anywhere, though, can influence employment if bad enough (DUI, arrest, etc).

Is it a hemp necklace? That's the only thing that I can think of that someone would wear that an employer may not like. Or maybe blood in a vial ala Angelina?