body piercings and dress code

We are a food service business dealing with the public in malls. We would like to change our dress code to exclude facial piercings, except for earrings. I have been told by an owner of a restaurant in a national fast food chain that we can make the change, but that we cannot require employees already on board to comply with the policy. This doesn't seem right to me. Any help in this area?

Comments

  • 4 Comments sorted by Votes Date Added
  • I don't see why you can't enforce a policy across the board that prohibits wearing earrings anywhere but the ears. Employees can have the piercing. They just can't wear anything in them while working. If you will research back on the Forum, someone described a device that is flesh toned that keeps the piercing open, but doesn't let it show.

    Margaret Morford
    theHRedge
    615-371-8200
    [email]mmorford@mleesmith.com[/email]
    [url]http://www.thehredge.net[/url]
  • I don't believe that there's anything out there that would require you to 'grandfather' all existing piercings/tatoos, etc. The sensible thing to do might be to announce your new policy in writing and perhaps a meeting giving an effective date of two weeks hence for current ee's and effective immediately for all new applicants. This will give current 'offenders' a couple of weeks to stew over it and either adjust or give notice.
  • Yes, this is the way it seemed like it should work to me. Thanks.

    >I don't believe that there's anything out there that would require you
    >to 'grandfather' all existing piercings/tatoos, etc. The sensible
    >thing to do might be to announce your new policy in writing and
    >perhaps a meeting giving an effective date of two weeks hence for
    >current ee's and effective immediately for all new applicants. This
    >will give current 'offenders' a couple of weeks to stew over it and
    >either adjust or give notice.



  • A secondary thought. In my state, if we announced the new policy and had acknowledgement signatures in the files and the Ee still didn't comply but gave two weeks' notice on the final day of the grace period, for example, they would NOT be able to draw unemployment if I cut her loose on the first day of the new policy becoming effective. Since she is then guilty of misconduct in violation of employer rules, she is neither eligible for two weeks notice pay from us or enemployment insurance. I know that some states would pay her if you cut her loose in this scenario, ruling that she is out of work through no fault of her own or either that she gave notice and you cut her loose without two weeks' pay. If you anticipate this might happen, you might check this out with your local Claims Office manager and be prepared to pay the two weeks just to ensure that you are not charged for the ensuing 26 weeks (or more, depending on Daschle).
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