Tag Archives: Jake Blumgart

Fancy Dress at Fancy Law Firms? You’re Fired!

4 Apr

Workplace tyranny: not just at the low end of the service sector but also in a fancy law firm.

On March 16, at least 14 employees of the Elizabeth R. Wellborn law firm, located in Deerfield Beach, Florida, wore orange shirts to work. For this style choice, they were marched into a conference room and summarily fired. Wellborn’s husband declared that the shirts were a protest against working conditions at the 275-worker law firm, and that management would not stand for such behavior. (Early reporting claimed the workers’ dress merely signified a way to easily organize a happy hour outing, although it later came out that while that was true for some, others were dressed in the color of prison uniforms to protest draconian new work rules.)

Aren’t such tyrannical, arbitrary and callous acts illegal? Can management just throw you out on your ear, upending your life and endangering your ability to support yourself, for wearing the wrong shirt? Freedom of speech, freedom of expression, right?

Wrong.

The First Amendment and many of the Constitution’s other protections only extend to the government, not to private employers. Freedom of speech and expression are not protected in the private-sector, nonunion workplace. You could be fired for, say, wearing a pin advocating a particular political party. You could also be fired for sporting a smiley face pin.

“People assume they have a lot more protection at work than they actually do,” says Judith M. Conti, federal advocacy coordinator for the National Employment Law Center (NELP). “People also assume they have some right to be treated decently, and fairly, and respectfully at the workplace. They have the right to freedom from discrimination based on certain immutable characteristics like sex, race and age, but as long as treatment at work isn’t related to one of those characteristics you can be treated badly with no legal recourse. It’s kind of a free-for-all.”

Jake Blumgart at Alternet has the whole story here. (h/t Keven Fathi)

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