Law Offices of Louis Spitters

Woman claims wrongful termination was retaliation

Nearly every place of business here in California and elsewhere has a dress code. When an employee does not adhere to it, disciplinary action can be taken. Ordinarily, that could mean being written up or sent home to change. However, one woman claims that she was the victim of wrongful termination because she wore leggings to work. She alleges that her firing was in retaliation for deciding to run against her boss for the position of county clerk.

She worked at the criminal clerk's office for approximately a year prior to being terminated. She confesses that she had been warned and sent home to change for wearing leggings before the day in question, along with being written up by the human resources department for at least one other infraction. However, she claims that it was when she announced that she would be a candidate for county clerk in her area that efforts to oust her began.

The Texas woman claims that other employees wore leggings to work as well, and they were not sent home. In fact, she asserts that others were in similar attire on the day she was fired, but none of them lost their jobs. This is why she alleges that she was the victim of retaliation.

The woman intends to exercise her legal rights to file a complaint with the Equal Employment Opportunity Commission and file a lawsuit against the county. Employees should be treated the same way when it comes to the enforcement of rules. If an employee here in California is sought out for disciplinary action when others are allowed to "break" company policy at will, that could be construed as retaliation -- especially when the result is a wrongful termination.

Source:, "Former Midland County employee fired for wearing leggings alleging retaliation, wrongful termination", Julia Deng, April 14, 2016

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