Any Help?

[deadohsky]

I work in food service and was told today that 'employees are supposed to be clean shaven'. I have a beard but keep it trimmed with a #2 guard on my clippers, its not scruff at all.

My question is, can they force me to shave, or do they have to provide me with a hair/ beard net? I'm not shaving, hell, i'd supply my own nets. It just doesn't seem right to me that they could force you to shave without offering the option of a net to keep any stray hairs at bay. I have searched and haven't been able to find anything on Nebraska laws pertaining to this.

Any help is greatly appreciated.

[texasmade]

I'd like to think that a hair net would be fine, I had a friend that was in a similar situation and he just went and got a hair net for the beardage.

[sgreger1]

Is Nebraska an at will employer?


I couldn't see any legal justification for them firing you over a beard as long as you use a net, which in theory they should provide. The net is acceptable for Safety and Health standards so legally it should remedy the problem i would imagine.

[tom502]

Just tell them you are a Muslim, and if they harrass you, tell them you will contact a lawyer.

[Bigblue1]

Just tell them you are a Muslim, and if they harrass you, tell them you will contact a lawyer.

Don't know if that was a funny or not but LOL

There are no hair nets in the DPRK

[tom502]

No, it was real, many times Muslims have been told to shave, and they say they won't for religious reasons, as Muhammed in the haditha said not to shave, and then when they get fired or not hired, they sue, and often win.

[Monkey]

If there is a facial hair clause in the company's policies they can make you shave.

Taken directly from the Dept. Of Agriculture website outlining all of the codes pertaining to food service operations.

Hair Restraints
2-402.11 Effectiveness.

(A) Except as provided in ¶ (B) of this section, food employees shall wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

(B) This section does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

You won't have to shave because of health codes, but they may make you wear a beard guard. If they fire you on the grounds of having a beard and say it's against health codes, talk to a lawyer.

Mike

[Monkey]

Also, did they hire you while you had a beard or did you grow it afterward?

What position do you hold?

An employer may alter their uniform standards in order to avoid the "beard net" look depending on what you do there. If they did get fined because they failed to provide you the proper tools to do your job to keep the food safe they might be blaming you for said fine. I work fs also and now, for the first time I am with a large corperation. We have all of this kind of stuff outlined to us in a handbook so we comply with health code when we follow it. If we are "out of uniform" we are not allowed to work until we are "in uniform"

If they change the rules to specifically target you, I'd be pissed.

Mike

[deadohsky]

Thanks for all the help guys. So far, it hasn't been brought directly to my attention by the higher ups. The vice president of the company (i work at a chain steak house [rip off of outback lol]) is at the store this weekend and is taking notes on things that need to be changed. The manager on duty saw the list and came back and told me about the items written down including being clean shaven. I am just trying to get myself prepared for if and when they talk to me about. I dont know if our GM will enforce it or not. Usually when they get like this it's very hard to compromise with them i.e. beard net.

texasmade - That's what i was thinking, i really don't see how they could have a problem with it if i agreed to a net.

sgreger1 - Unfortunately, yes it is an at-will employment state. SO they could just let me go with no reason, but that'd be frustrating as they have none, i am one of the main cooks there, been there for two years no reprimands of any kind minus being 5 minutes late one day. Since its at will, that doesn't matter though lol.

tom502 - That was actually my back up if all else fails, not necessarily muslim, but for religious reasons.

Monkey - That is exactly what i was looking for, not sure how i missed that. Thanks. I am a cook there and no, i did not have the beard when i first started, although the hiring manager at the time is no longer there, but i dont feel like lying and saying i had it the entire time when i didn't. I'll have to get a hold of the handbook again, kind of just skimmed it over at my interview, they didn't give me one to take with me.

I really hope that i am blowing it way out of proportion and really have nothing to worry about, but i would like to be as prepared as possible if i do get confronted about it. Once again, thanks for all the help guys.

[Ainkor]

I have been a manager in food service at levels from entry to district manager level for 19 years so I'll throw my hat in the ring on this one. (A little background, I directly lead approximately 200 people in my organization and am the lead trainer for over 800). Don't take the following as insulting or condescending in any way, it's more of a statement of facts! That being said.....

The USDA does require hair to be covered, that is correct, but an employer can have any policy in place that they want as long as it does not discriminate based on age, sex, religion, sexual orientation (in some states and cities) and national origin. There are others that have to do with retaliation and such, but those might not apply here. (EEOC, http://www.eeoc.gov/laws/types/)

So, where does that leave an employee who is being asked to shave at the workplace? The answer is pretty simple. If you are in an at will state, you and your employer have an agreement that for any legal reason the employee/employer relationship can be severed at any time for any reason. Your only recourse is to file for unemployment.

If your boss tells you that the company policy is for all employees to be clean shaven, then unless you disagree based on one of the EEOC's definition of harassment, then you are obligated to comply. If you fail to comply, they are legally allowed to terminate your employment. On the flip side, if you feel the rule is draconian and overbearing, your remedies are these:

1. Don't take the job in the first place
2. Comply and work within the companies framework to effect change in a positive way
3. Quit and find a job that more suits your personal style

That is it. The company you work for has the right to make rules that it sees fit. Either comply (and that could mean work positively in the company to enact change) or get out. People forget that work is NOT a right, it is a privilege. Your company has put up the capital to create a business that employees you and allows you to make a living from. In the workplace, we vote with our feet if we disagree with legal policy or procedure.

I would love to have a beard or goatee at my job but it is against my companies policy. I respect that, because my job allows me to take care of my family and I also work for a great boss.

Best of luck to you!

[tom502]

http://www.cairchicago.org/2008/07/2...n-for-a-beard/

http://www.islam.tc/beard/

[GoVegan]

Pick your battles carefully! You can always grow another beard but jobs are pretty hard to find right now. Besides, you might win this battle only to lose the war later.