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  1. #1
    Join Date
    Oct 2013
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    2

    Default Can I Fire an Employee Whose Religious Dress Makes Customers Uncomfortable

    I really have no idea what to do.

    I am an owner of a local diner. I have owned this business since 1995. During the fall of 2012 when he college kids went back to school, I had to hire some new people, when I did the interviews, I did them out in the open, in the diner, I always did this, with no problem, since I started, then in October 2010, This muslim woman, came in dressed from top to bottom, in a black rob. All I did was simply explain, this was a family business, and we have a dress code, that, you wear a white shirt, with a tie, and slacks. She told me, it was against her religion, and she must wear the black robe every day. I simply said, we have a dress code, and our uniform is white shirt, tie, black slacks. She took a fit, and made a scene at my restaurant, as a result, the entire restaurant over heard what was going on. This woman, came upto me, and said do you know what you did was illegal? Do you want me to report you? This is a federal law. Another woman, told me, she is never coming back, to my restaurant, and going to tell the entire town, and started to dial the police.

    I said to both woman, I said I was sorry, I did not know it was a federal law. I gave both complaining woman dinner on the house, so they wouldn't make any trouble. I hired her, right on the spot, I told her to start tomorrow.

    After everybody left, 5 people came to me privately, and said they agreed with my decision, and it was my store, and I had the right, to hire who I wanted, and if she really wanted to job, she should obey and dress code, and respect management decision.


    After this woman was hired, my business started taking a hit, Every month, sales, and customers would drop by 5%. She is waiting on tables wearing a black robe from head to toe. She speaks broken English. She has been working for me since, she is working with me today. Just today, TODAY, I find out she is an illegal alien.

    As of a year, I have lost about 30% drop in profits.

    I saw many customers out at the supermarkets, out in public, I said, "WHY HAVENT YOU COME BACK". Every answer, was the same, they told me, they felt threatened by her.

    Due to the lose of profits, my home is going to be taken away from me, in the next few weeks. I cant afford to keep my restaurant open, I don't feel comfortable with her working for me anyway.

    What should I do? I just don't know what to do anymore.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: I Am Losing My Job and Home to an Illegal Alien, Where Do I Turn

    How do you know she is an Illegal Alien? If she did not present proof of eligibility to work in the US, then you did not have to hire her (and you actually committed a crime by doing so).

    You should definitely be talking to a lawyer.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can I Fire an Employee Whose Religous Dress Makes Customers Uncomfortable

    You should also not allow her to work illegally.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can I Fire an Employee Whose Religous Dress Makes Customers Uncomfortable

    You should get an I-9 on every employee. You can be fined up to $2000 for the first offense of employing an illegal and it goes up from there.

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Can I Fire an Employee Whose Religous Dress Makes Customers Uncomfortable

    You can fire her for other reasons.

    Is she slower than your other employees? Is there a way in which she is not performing the job correctly? Does the robe affect sanitary food service? Too many absences? Rude to customers?

    These are all things to discuss with a local lawyer. You may need to start writing her up for things that are legal, like unsanitary issues, absences. Again, talk to a local lawyer.

    And if she is an Illegal Alien, you're gonna need the lawyer anyway.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can I Fire an Employee Whose Religous Dress Makes Customers Uncomfortable

    Using excuses to illegally discriminate is however actionable (presuming she was legal). Take Pandora's advice to nit pick on her with caution.

  7. #7
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can I Fire an Employee Whose Religous Dress Makes Customers Uncomfortable

    Just today, TODAY, I find out she is an illegal alien.
    How is it that she's been working for you for a whole year, and you didn't know this? Did you not ask for proper identification and fill out the proper paperwork for your new hire?

    In what fashion did you obtain your new information?

    Due to the lose of profits, my home is going to be taken away from me, in the next few weeks. I cant afford to keep my restaurant open
    Because a Muslim woman is working for you? I'm sorry, no. I don't believe you for an instant.

    You need an attorney and potentially a decent business manager.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Fire an Employee Whose Religous Dress Makes Customers Uncomfortable

    6. When does Title VII require an employer to accommodate an applicant or employee’s religious belief, practice, or observance?
    Title VII requires an employer, once on notice that a religious accommodation is needed, to reasonably accommodate an employee whose sincerely held religious belief, practice, or observance conflicts with a work requirement, unless doing so would pose an undue hardship. Under Title VII, the undue hardship defense to providing religious accommodation requires a showing that the proposed accommodation in a particular case poses a “more than de minimis” cost or burden. Note that this is a lower standard for an employer to meet than undue hardship under the Americans with Disabilities Act (ADA) which is defined in that statute as “significant difficulty or expense.”

    first, if the employee cannot legally work in the US, you cannot legally continue to employ her so, you terminate her employment based solely on that single fact; nothing more.

    then, if she can legally work in the US;

    regarding the hijaab:

    from: http://islam.ru/en/content/story/dre...e-muslim-women

    I see nothing requiring it be black. Research her specific branch to determine if black is a requirement for them. Same thing for any other part of her dress you have issue with.

    then, there are exceptions to you being required to allow her to not wear your uniform. It is apparently a case by case decision but if there is justification to demand the uniform be worn, then you can require it. The problem you have is apparently it wasn't so important you didn't mandate it from the beginning. Due to that, I suspect you would lose the argument.



    then, plain and simple:

    if she is not a competent employee, start documenting issues. Don't get nit picky. If she proves she is simply not capable, then you terminate her for those reasons, and nothing else.

    You screwed up when you hired her. Don't screw up if you end up firing her by firing her for an illegal reason.

  9. #9
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Can I Fire an Employee Whose Religous Dress Makes Customers Uncomfortable

    Quote Quoting PandorasBox
    View Post
    You can fire her for other reasons.

    Is she slower than your other employees? Is there a way in which she is not performing the job correctly? Does the robe affect sanitary food service? Too many absences? Rude to customers?

    These are all things to discuss with a local lawyer. You may need to start writing her up for things that are legal, like unsanitary issues, absences. Again, talk to a local lawyer.

    And if she is an Illegal Alien, you're gonna need the lawyer anyway.

    Whoa there Pandora. What on earth?! You're advocating a mud fight so the OP can fling something at the wall to see if it would stick?

    This is REALLY bad idea. In fact..I'm a bit gobsmacked.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Fire an Employee Whose Religous Dress Makes Customers Uncomfortable

    Quote Quoting Dogmatique
    View Post
    Whoa there Pandora. What on earth?! You're advocating a mud fight so the OP can fling something at the wall to see if it would stick?

    This is REALLY bad idea. In fact..I'm a bit gobsmacked.
    Pandy did say to writing her up for valid reasons (unsanitary issues, absences)

    but especially, she did direct OP speak with an attorney.


    These are all things to discuss with a local lawyer. You may need to start writing her up for things that are legal, like unsanitary issues, absences. Again, talk to a local lawyer.

    I see her suggestions as establishing a provable argument it was not for the attire.

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