Can my wife be fired for not wearing her teeth?

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Can my wife be fired for not wearing her teeth?

My wife has gotten a write up for not wearing her teeth and her boss says if

she does not wear her teeth again she will be terminated. Is this legal? And

is this lawsuit material?

Asked on February 28, 2017 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that a worker can be fired due to their appearance so long as it is not due to the inclusion in a legally "protected class". In other words, they can't be fired for their appearance it it relates to their race, sex, national origin, age (over 40), disability, etc. However, a company can terminate an employee on all other appearance based issues. Also, if there is a medical reason as to why your wife can't wear her teeth, she may have protection under the ADA (American's With Disabilities act). Otherwise, without an employment contract or union agreement to the contrary, she is an "at will" worker and can be discharged for any reason or no reason at all, with or without notice.


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