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Are there any legal issues regarding the Chicago man fired for wearing a Packer tie?

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Poiuyt Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:00 PM
Original message
Are there any legal issues regarding the Chicago man fired for wearing a Packer tie?
You've probably heard the story about the man working in a Chicago area car dealership who wore a Packer tie the day after the NFC Championship game. His boss told him to take it off, and when he didn't, he was fired.

I'm curious as to whether or not an employee can be fired for something like this (at will employment), or if this is a wrongful termination. Are there freedom of speech or civil rights issues involved?

This is all mute, of course, because the man already found another job. I'm just wondering what the law says.
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madinmaryland Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:37 PM
Response to Original message
1. Yes he can. He was specifically asked to remove the tie and he didn't.
Sounds like both the boss and the employee are jerks.
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TZ Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:44 PM
Response to Original message
2. Depends on if you are an at will work state I think
Some states you can be fired for any non-discriminatory issues, some states firing has to have a legitimate cause outside of wearing inappropriate clothing. I'm not sure what Illinois law is here.
Oh and its MOOT point..not mute...:P
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GusBob Donating Member (82 posts) Send PM | Profile | Ignore Wed Jan-26-11 02:44 PM
Response to Original message
3. if its all mute we shouldn't be making any noise about it
sorry could not resist
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madinmaryland Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 02:50 PM
Response to Reply #3
4. There is always a grammar natsi in the house!!
BTW, Welcome to DU!
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ProfessorGAC Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 03:32 PM
Response to Original message
5. In Illinois, Yes
It would be a legal problem for the employer if he had not been given some reasonable explanation as to why he was asked to remove the tie, i would guess.

But, in a state with "at will" laws as explicit as those here, it's pretty hard to establish "wrongful". Of course, anybody can sue anybody else over anything. But, winning the case is problematic since the guy was told take it off, he was told why he should take it off, and then refused.

The company could easily explain that it was for insubordination and refusal to adopt the customer service image the dealership wanted to portray.

I would guess the case would then be pretty much over.
GAC
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ScreamingMeemie Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-26-11 04:44 PM
Response to Original message
6. Apparently there were. The dealership wanted to hire him back
almost immediately.
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LiberalFighter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-27-11 08:35 AM
Response to Reply #6
7. Could it be because
refusal to adopt the customer service image the dealership wanted to portray was an angle the employee could had sought?

That is if the dealership had previously allowed employees to wear items portraying the Bears?
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