Appropriate mode of dressing in organizations- a case of McCain
In my view, any organization always has a set standard for the company that helps them to provide good guidance on the appropriate mode of dressing. Additionally, the formality of a dress code in a workplace is determined by the mode of interactions their employees have to make to their clients or customers at the workplace. Therefore, in a financial employment agency like where LL Jones sent McCain, they could be having frequent customers who expected them to exhibit great integrity and professionalism when it comes to dressing code. This is the reason why they had to send her away for not complying with their dress code.
In my opinion, there exist several cases, but the specifics are highly crucial. According to the Equal Employment Opportunity Commission (EEOC), organizations are authorized to utilize and enforce mode of dressing (Lobel, 2017). But all the same, termination of a contract, especially based on the dress code, must be lawful. This is an indication thatFinancial Services Firm should have allowed Jennifer McCain to air out her reasons for not wearing high-heeled shoes. In my view, she has all the reasons to redress for the termination of her contract. This form of lawsuit redress falls under the law of unfair dismissal. The unfair dismissal under American law is a form of contract termination at the employer’s initiative following harsh, unreasonable, or unjust circumstances. This should have allowed McCain to sue Financial Services Firm to the Fair Work Commission within 21 days. In this situation, the Financial Services Firm would be the defendant, for not allowing her to air out her reasons behind, wearing the flat shoes.
From my standpoint, McCain should not have signed the contract without a prior explanation to the company for clarification on the choices when it comes to footwear. She could have done this very easily through the manager andengage her concerns constructively.In a situation whereby they could react negatively to the complaint, maybe by criticism or penalty, then this would be unlawful victimization, which is well protected under the 2010 Equality Act. If, by any chance, this approach was not going to bear any fruit, then McCain should have followed the HR processes for the organization or request for help and guidance from the representative of her trade union(Lobel, 2017). If everything was standing against her wishes, this would have been the perfect moment to precede her case to the employment tribunal. In my view, it would be advisable to request for a compromise or agreement with the employer before undertaking this step.
In a situation where employers are struggling with dress code issues with their employees, it is essentially important to react to the situation in a manner which is likely to prevent future liability. I believe that violations of dress code are never on their own, there must be causal reason behind it, and should be enough to substantiate the termination cause (Mitchell, 2014). It is advisable to seek for an advice from an employment lawyer to properly understand and determine the policies of the company, employment contracts, and the associated disciplinary procedures to be taken which of course are in line with the available jurisprudence and legislation in case the company would want to rely upon the termination cause.
In conclusion, termination of a contract can be really frustrating and should be avoided at all cost. In regards to Jennifer McCain contract termination over footwear, I think next time she needs to go through the contract letter keenly before tabling a signature in order to avoid future frustrations.
References
Lobel, O. (2017). The gig economy & the future of employment and labor law. USFL Rev., 51, 51.
Mitchell, M. S., KoenJr, C. M., & Darden, S. M. (2014). Dress Codes and Appearance Policies: Challenges Under Federal Legislation, Part 2Title VII of the Civil Rights Act and Gender. The health care manager, 33(1), 20-29.
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