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is this right?
can an employer fire somebody just for not smiling even if the person is friendly otherwise. it doesnt seem right it should be based on how well they do their job? if anybody can answer this it would be appreciated. thank you!
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rahzie, hi im 28 years old. i had been at my job for 2 years and they just fired me in december for not smiling. nobody called me into their office and gave me a warning that i needed to smile or that i was going to be let go. i was always very friendly otherwise to the customers and it seemed like most of them liked me.
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I don't think so.
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Yeah, pretty much.
I live in Texas. We have whats called "At will Hire and Fire"
That means that the employee and employer agree that they will work together, and that this business relationship can be terminated at any time for any reason that is not legal discrimination.
Not smiling would be labeled "improper attitude" and when you get canned you got canned, theres not much you can do.
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It depends on a few things.
If that employee has no written contract, yes.
Within a period of probation as specified on their contract, yes.
If, in your contract, or supporting codes of conduct, you agreed to their standards on smiling, yes.
Smiling, or other mandatory greetings CAN actually be understood to be part of the job. If presented in a codified way and the employee has agreed to abide by the standards set out in say, the dress policy or behaviour policy, unless those policies are illegal or discriminatory, they are perfectly valid.
So basically, what I am saying is this:
If you had no contract, they can fire you whenever, for whatever reason and you have very little recourse.
If you had a contract and you were on probation, they can fire you for almost any reason they choose (except the big four: age, race, religion and sexuality.)
If you have a contract and you agreed in it to abide by some sort of standards that included smiling, then you are out of luck.
Basically, unless you have a history of a few months of solid and good work, then yes, they can fire you for that. You might be able to lodge a complaint against them, but as a teen (I am assuming) there is basically no monetary gain you can get from it. The percentage of your wages, which is what part timers get in wrongful dismissal suits, wouldn't cover the expense of a lawyer anyways.
Your best bet, assuming you didn't work there for years without incident, would be to simply write a letter to the head office or regional supervisor explaining the situation. This won’t get you your job back, but it will make them aware that there was an issue you felt was not dealt with properly.
If you HAD been working full time and/or with that company for some time and have a contract or agreement, go back and read it careful and consider if you have a suit.
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