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Need Help with Scarification discrimination
Topic Rating: +4 (4 votes) 
August 24, 2012
5:24 am
David-Skidmore
Colorado Springs Colorado
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I was recently fired from my place of work due to 2 forearm scarifications, I have the seven deadly sins and seven deadly virtues scared on the inside of my arms, I have had them for over 2 years at the point of being fired form my job of 3 years.

I was employed with the company when I go the work done and was told that it was ok as long as I had the open wounds covered til they had healed, as the health board dictated that one can not work with food with open wounds..

after having the scars for over a year uncovered in my place of work our management changed, and the company changed to a no tattoo policy, as I didn't have tattoos I didn't fit into the standing of the new policy, however the new manager said that the scars were drastic and asked me to cover them. For a year I did cover them, but then on the 2 year anniversary weekend of having them done I had a spiritual awakening, as part of a suspension.

the scars having been covered for a year were now much less drastic, and so I returned to work with them uncovered, when asked why I told my boss that they were a symbol of my spiritual and moral beliefs and that there was nothing in the dress code stating that scars were not aloud.

None the less I was told that not wearing my long sleeves was considered quitting, and let go, I contacted HR and they said that the reason I was let go was because I had "Ink-less Tattoos" and that though it was not in the dress code a special exception had been made for my situation.

Feeling as I had been discriminated against I looked into options, but short of pressing charges I was out of luck, and I had no desire to sue the company.

this however is not the problem, I was receiving Unemployment while looking for a new job, and recently my old boss appealed the claim and won, stating that I had quit due to unsatisfactory work conditions, meaning that I now am out of work and they are saying I have to pay back all received payment, I am appealing this and fighting it on grounds that I was discriminated against and fired, as well as clocked out and escorted out of the building.

I am looking for anyone who knows more of what my rights are and how to best approach this.

August 24, 2012
8:09 pm
strommer
Portland,OR
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October 3, 2011
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+1

thats fucking lame i hope everything works out for you………in regards to legal advice i dont no the laws in your state but you might try contacting b.o.l.i. if anything they can give you info regarding your rights and  maybe even help pursuing legal action good luck.

August 24, 2012
8:49 pm
SasQuatch9585
USA
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No matter what that company wants to claim, you did not choose to leave the job.  You were summarily fired for a violation of their dress code, and not given any chance to comply with the dress code.  Because the company did not offer you any reasonable accommodation I think you have a shot here.

I don't know the laws where you are either, but I would say, tell the unemployment office your side of the story.  Tell them that you didn't quit.  Tell them that your company CHOSE to see your actions as quitting, which really means they chose to see your actions as grounds for dismissal, and that means they fired you.  Aside from officially submitting your resignation in spoken words or in writing, or not showing up day after day after day, there is no action you can take that should be considered quitting.

The fact is, they had a problem with your appearance and decided to stretch their current policy to cover your scars.  Either way, they fired you.  Fight the good fight, man.

As far as I understand it, you DO have solid ground to stand on.

Sometimes I wonder if I can say anything in less than a hundred words.
August 25, 2012
11:46 pm
KristenAtkinson0
South Korea
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Fight from the unemployment side, not with a lawyer. Unemployment will get you something in the long run, since you have a reason to get unemployment that they are denying you.

Suing a company gets you nothing but lawyer's bills….

August 26, 2012
6:27 am
David-Skidmore
Colorado Springs Colorado
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August 24, 2012
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Thanks so much guys I'll check that out and let you know the what comes up, I really don't want to sue, not just for the bills and hassle, but cause I really did love the company until they pulled this one…    And by the way I live in Colorado Springs, so if anyone knows more about Colorado law that's what I'm dealing with…

August 29, 2012
7:51 pm
Schafer
Denver, Co
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March 20, 2011
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Hey dude I'm a professional piercer/body mod artist down in Lakewood Co. I'll look into the rights for you down here and the laws that might comply with your misfortune. That's really messed up that they did fire you especially after having them for 2 years and being with the company for 3 years. I do see this as a form of discrimination because you already had them for that long while you were working there. Then when new management took over and changed the policy you should already be grandfathered in from the old policy to the new policy. I'll talk a look man and see what I can come up with. Where were you working at down in the springs?

September 1, 2012
10:07 pm
David-Skidmore
Colorado Springs Colorado
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August 24, 2012
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Thanks a ton, I was working At  T.G.I.Fridays…

I started there because they were so open on policies…

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