Legal Question in Business Law in California

can i sue my employer if they send me home due to my hair if there is nothing in the employee handbook regarding hair styles?


Asked on 3/08/10, 7:19 pm

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

No.

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Answered on 3/13/10, 7:41 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, yes, but you won't win.

And if you DID win, what would your damages be? A day's lost pay, perhaps. Simply not worth it.

There is a popular notion that people who sue big corporations and win get rich. That's incorrect. In rare cases, there are punitive or exemplary damages, but ordinarily a successful plaintiff gets his or her proven damages, nothing more, not even attorney fees. Taking a case to trial will cost the plaintiff thousands of dollars, often thens of thousands.

Simply not worth it.

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Answered on 3/13/10, 8:24 pm
Kevin B. Murphy Franchise Foundations, APC

You can sue anybody; the issues are: (a) will you win; and (b) is it worth it.

Without knowing the type of business your employer is in, or their possible explanation for sending you home due to your hair, it's not possible to address this aspect.

Why don't you talk with your employer and see what the problem is?

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 3/14/10, 9:15 am


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